공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. The lower court ex officio determination: (a) deemed that each of the crimes of obstruction of performance of official duties against police officers G and F is in a relation of substantive concurrent crimes; (b) held that several crimes of obstruction of performance of official duties are committed by assault and intimidation against multiple public officials who perform the same official duties; and (c) if the above assault and intimidation were committed at the same place with the same opportunity at the same time, and thus, if deemed as one of the crimes of obstruction of official duties are regarded as being committed by the same act under the social concept, multiple crimes of obstruction of official duties
(Supreme Court Decision 2009Do3505 Decided June 25, 2009). According to the facts and evidence duly established by the court below in this case, each act of assault against police officers G and F was committed at the same time and at the same place, and can be evaluated as one act under the social concept. Thus, it should be deemed that there was a relationship of ordinary concurrence as stipulated in Article 40 of the Criminal Act.
Nevertheless, the judgment of the court below which aggravated punishment by deeming that each of the above crimes of obstruction of performance of official duties is in a substantive competition relationship is unlawful, and such mistake affected the judgment, so the judgment of the court below cannot be maintained any more.
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows after pleading.
[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be the same as the relevant column of the judgment of the court below.
Application of Statutes
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Commercial concurrence;