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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the lower court as to Defendant A’s grounds of appeal, the lower court was justifiable to have found the Defendant guilty of the instant conjunctive charges on the grounds indicated in its reasoning, and there was no error of misapprehending the legal doctrine on the obstruction of
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of
2. As to the Prosecutor’s Grounds of Appeal
A. As to Defendant A and B’s assertion, “an abuse of authority” in the abuse of authority and obstruction of exercise of rights under Article 123 of the Criminal Act with regard to the abuse of authority and obstruction of exercise of rights with regard to the issuance of one acting act, means that a public official unlawfully exercises matters belonging to a general official’s authority, i.e., a formal and external exercise of duties, but its substance means an act other than a legitimate authority, and the criteria for determining whether an abuse constitutes abuse should be determined by taking into account all the elements, such as the specific public official’s act of performing duties, the necessity for considering the situation in which the act was performed, and whether the exercise
In addition, "when a person has another person perform an act without any obligation" in the exercise of rights refers to the time when a person makes another person perform an act with no legal obligation, and matters belonging to his/her own authority are subject to the public official's authority.