공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The summary of the grounds for appeal is that the punishment imposed by the court below (a punishment of June, a suspended sentence of two years, a community service120 hours, and a fine of seven million won) is too unreasonable and unfair (a defendant explicitly withdraws his/her assertion of misunderstanding of facts or misapprehension of legal principles on the first trial date of the court below). 2. Prior to the judgment on the grounds for appeal by the defendant ex officio prior to the judgment on the grounds for appeal, where the act of assault or intimidation was committed against multiple public officials performing the same official duties, the crime of obstructing the performance of multiple official duties is established according to the number of public officials performing official duties, and where the act of assault or intimidation was committed in the same opportunity at the same place, and is evaluated as one act under social norms, the crime of obstructing the performance of multiple official duties is established.
The act of obstructing the performance of official duties in this case against the Defendant F and G based on the above legal principle is conducted at the same time at the same place, and thus, it is evaluated as one act in light of social norms, and thus, there is a commercial competition relationship.
It is reasonable to view it.
Even though the lower court erred by misapprehending the legal doctrine on the number of crimes of obstructing the performance of official duties by determining this as a single crime, the lower court erred by misapprehending the legal doctrine on the number of crimes of obstructing the performance of official duties, since there is no difference in the scope of punishment due to a mistake in evaluation of the number of crimes by the lower court
shall not be deemed to exist.
Therefore, the judgment of the court below is not reversed for this reason.
3. The instant crime on the grounds of appeal pertains to the Defendant’s refusal to comply with a police officer’s request for alcohol measurement without any justifiable reason, and interference with police officers’ performance of their duties by assaulting the police officer in light of the circumstance, contents, etc., and the quality of the crime is not good. In order to establish a state’s legal order and eradicate the light of public authority, public duties shall be obstructed.