The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (the fine of KRW 7,000,000) is too unreasonable.

2. In the case of assault and intimidation against multiple public officials who perform the same official duties ex officio prior to the judgment on the grounds of appeal by the defendant, multiple crimes of obstruction of performance of official duties are established according to the number of public officials who perform official duties. The above assault and intimidation were committed in the same opportunity at the same place, and where the act of assault and intimidation is assessed as one act under the social norms, multiple crimes of obstruction of performance of official duties are crimes of conceptual concurrence.

The crime of obstruction of performance of official duties of this case committed by the defendant (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). The crime of obstruction of performance of official duties of this case committed by the defendant was assaulted and threatened by police officers Q and R, who performed duties to arrest a flagrant offender against the defendant at the time and place specified in the crime of this case as stated in the judgment of the court below, and obstructed the execution of official duties of this case. The crime of obstruction of official duties of Q and R, respectively, is established. The crime of obstruction of official duties of this case

However, the court below's judgment was just a simple crime. Thus, the court below erred by misapprehending the legal principles on the number of crimes of obstruction of performance of official duties, which affected the conclusion of the judgment.

Therefore, the judgment of the court below is no longer maintained.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the ground of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.