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All appeals are dismissed.
In the indication of the case name of the judgment of the court below, it shall be corrected to delete "Assault".
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal by the public prosecutor, the lower court upheld the first instance judgment that acquitted the public prosecutor on the ground that there was no proof of crime regarding the obstruction of performance of official duties among the facts charged
The judgment below
Examining the reasoning of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on assault in the crime of obstruction of performance
On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief on the guilty part.
2. The essence of the Defendant’s appeal as to the Defendant’s ground of appeal is that the Defendant’s appeal is unlawful, since the Defendant’s appeal as to the judgment of innocence, which is the most favorable to the Defendant, is based on the claim for a judgment rendered in favor of him by correcting a disadvantageous original judgment.
(See Supreme Court Decision 93Do1091 delivered on July 29, 1994, etc.). Therefore, there is no right to appeal against the part concerning obstruction of performance of official duties which the court below found not guilty among the charges against the defendant, and the grounds of appeal as to this part are not legitimate grounds of appeal.
On the other hand, the Defendant appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.
3. Therefore, all appeals are dismissed. Since the judgment of the court below is clearly erroneous in the indication of the case name, it is decided to revise them pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.