공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (three months of imprisonment, one year of suspended execution, and forty hours of community service order) is too unreasonable, which is the gist of the grounds for appeal.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
In the event of assault and intimidation against multiple public officials performing the same official duties, the obstruction of the performance of multiple official duties is established according to the number of public officials performing the same official duties. In the event that the assault and intimidation committed in the same opportunity at the same place, and is assessed as one act under the social concept, the obstruction of multiple official duties is an ordinary competition relationship (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). According to the evidence duly adopted and examined by the court below, the defendant may recognize the fact that he/she interfered with his/her official duties by exercising force against police officers by using force at the time and place of the judgment of the court below, and as such, it is reasonable to evaluate the Defendant’s assault committed in the same opportunity at the same place as above as one act under the social concept, and thus, the obstruction of the performance of official duties to N andO is in a commercial competition relationship as provided for in Article 40 of the Criminal Act.
In this regard, the lower court determined that the Defendant’s act of obstructing the performance of official duties was a simple crime, and so, the lower court erred by misapprehending the legal doctrine on the number of crimes of obstructing the performance of official duties, thereby adversely affecting the conclusion of the judgment. In this regard, the lower court
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court, as well as facts constituting a crime.