The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

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

(see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). The gist of the obstruction of performance of official duties among the facts charged in the instant case is that the Defendant committed assault against C and D, a police officer dispatched after receiving a report 112, which constitutes a case where multiple public officials performing the same official duties have committed assault in the same opportunity at the same place.

Therefore, even though it is reasonable to see that the crime of obstruction of the performance of official duties against police officers C and D is an ordinary concurrence as stipulated in Article 40 of the Criminal Act, the judgment of the court below which held that the crime of obstruction of the performance of official duties is a substantive concurrence is erroneous in the misapprehension of legal principles

In this respect, the judgment of the court below against the defendant can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without examining the above ex officio reversal grounds.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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