The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, two years of probation, two hours of community service order, 120 hours of imprisonment) is deemed too unaffortable and unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

Where a number of crimes of obstruction of performance of official duties are established according to the number of public officials who perform the same official duties, and violence and intimidation are committed in the same opportunity at the same place, and are assessed as one act under the social norms, several crimes of obstruction of performance of official duties are in a mutually competitive relationship (see Supreme Court Decision 2009Do3505, Jun. 25, 2009). The crimes of obstruction of performance of official duties against H and I, who are police officials, are committed by assault and intimidation in the same place, the same opportunity, and the crimes of assault and intimidation are committed in the same opportunity.

The judgment of the court below is erroneous by misapprehending the above legal principles on the ground that the court below is in a substantive concurrent relationship, and thus, it cannot be maintained.

3. 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, on the grounds of ex officio reversal as seen above, and the judgment below is again ruled as follows.

Criminal facts

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

Application of Statutes

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act on the Punishment of Crimes under Relevant Acts concerning the relevant provisions, Article 283(1) of the Criminal Act (the act of intimidation by carrying a deadly weapon), Articles 144(1) and 136(1) of the Criminal Act (the act of obstructing the performance of special duties);

1. Articles 40 and 50 of the Criminal Code provide for the crimes of obstruction of performance of official duties among special crimes of Articles 40 and 50, and special crimes of obstruction of official duties against H with heavier punishment.