특수공무집행방해치상등
The guilty part of the judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In cases where violence and threat is committed against multiple public officials performing the same official duties, multiple crimes of obstruction of performance of official duties are established according to the number of public officials performing official duties. In cases where the above assault and threat were committed at the same place with the same opportunity, and it is evaluated as one act under the social concept, multiple crimes of obstruction of performance of official duties are crimes of mutual concurrence.
(See Supreme Court Decision 2009Do3505 Decided June 25, 2009, etc.). In addition, in a case where a vehicle causes injury to another person by driving a motor vehicle and damages another person’s property, the crime of violation of the Road Traffic Act resulting from the occupational injury or damage to property in addition to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) is established, and the above two crimes are one act of driving and are in a
(2) In light of the aforementioned legal principles, the following facts are as follows: ① (a) the police officer E and D, who was subject to the patrol of the instant vehicle, suffered each injury to each particular object of the obstruction of performance of official duties; (b) the injury to each special object of the patrol that damaged the patrol vehicle; (c) the injury inflicted upon the police officer C and B, who was subject to the patrol vehicle, suffered each injury; (c) the injury to each special object of the obstruction of performance of official duties; (d) the injury to each special object of the patrol that damaged the said patrol vehicle; (e) the injury to the police officer C and B, who was the passenger; (e) the injury to the special object of the public use that damaged the said patrol vehicle; and (e) the injury to the special object of the public use that damaged the passenger police officer F; and (iv) the injury to each special object of the said patrol that inflicted the injury on the victim E and Q, who was the passenger; and (e) the damage to the property damaged and damaged the said vehicle.