The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is unreasonable as the penalty (one million won of a fine and the suspended sentence) declared by the court below against the defendant is unfilled.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

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.) Therefore, based on the above legal principle, G and H, a police officer, were performing the duty of reporting by sending the case to the Defendant upon receiving a report received from the Defendant and performing the duty of handling the report. As such, it is reasonable to evaluate the act of assaulting the same opportunity at the same place as one act in light of social concept. Thus, each crime of obstructing the performance of official duties against police officers G and H is in a relationship of commercial concurrence as stipulated in Article 40 of the Criminal Act.

Nevertheless, the court below dealt with this as substantive concurrent crimes. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and thus, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.