A defendant shall be punished by imprisonment for two years.

The sentence of imprisonment (two years of imprisonment) imposed by the lower court is excessively unreasonable.

Before the judgment on the grounds for appeal of authority, if there is assault or threat to multiple public officials performing the same official duties, several crimes of obstruction of performance of official duties are established according to the number of public officials performing official duties. In the same place, if the same opportunity may be evaluated as one act under the social concept by assault or threat as above, each crime of obstruction of performance of official duties is related to mutual concurrence.

(See Supreme Court Decision 2009Do3505 Decided June 25, 2009). However, on April 17, 2015, the lower court determined that only one of the charges of obstruction of performance of official duties committed by two police officers in the course of arresting two police officers on the street in front of the E main point located in Gangnam-si D, such as the crime of intimidation by the Defendant, and taking them into the office of the Gangnam Police Station G District Office, the lower court erred by misapprehending the legal doctrine on the number of crimes of obstruction of official duties, thereby adversely affecting the conclusion of the judgment.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act concerning the crime;

2. The crimes of obstruction of the performance of official duties against I of Articles 40 and 50 of the Commercial Code and H are the crimes of obstruction of the performance of official duties against I.