The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant: The lower court’s punishment (fine 4,000,000) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

Where a single act constitutes several crimes and there are two or more concurrent crimes, punishment provided for the most severe crime shall be imposed.

(Articles 40 and 50 of the Criminal Act). While considering that the crime of obstruction of the performance of official duties and the crime of injury in the judgment of the court below are in the relationship of mutual concurrence with each other, Article 40 of the Criminal Act was applied after both of them choose a fine

However, even though the statutory penalty for the crime of bodily injury prescribed by “a imprisonment with prison labor for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won” is higher than the statutory penalty for the crime of obstruction of performance of official duties prescribed by “a imprisonment with prison labor for not more than five years, or a fine not exceeding ten million won,” the error that first selects the types of punishment as stated in the original judgment and compare the severity of punishment pursuant to Article 50 of the Criminal Act

Therefore, since the misapprehension of the legal principles of the lower judgment that applied Articles 40 and 50 of the Criminal Act after choosing the type of punishment has influenced the judgment, the lower judgment cannot be maintained.

3. In conclusion, the Defendant did not specify the scope of appeal in the petition of appeal. However, the grounds for appeal concerning the dismissal of public prosecution among the judgment below are not stated in the petition of appeal or the statement of grounds of appeal, and the grounds for ex officio examination on the records cannot be

Therefore, pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, the defendant's appeal against the dismissal of public prosecution above should be dismissed. However, as long as the judgment of the court below on conviction is rendered, the defendant's appeal against the dismissal of public prosecution above is dismissed by judgment.

On the other hand, among the judgment below, the aforementioned Paragraph 2 is applicable.