The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower judgment (a fine of KRW 1,00,000) against the Defendant on the summary of the grounds of appeal is too unhued and unreasonable.

2. Examining ex officio prior to the judgment on the grounds for appeal of ex officio determination, in the event that the act of assault and intimidation was committed against multiple public officials performing the same official duties, multiple crimes of obstruction of performance are established according to the number of public officials performing the official duties. In the event that the above act of assault and intimidation was committed in the same opportunity at the same place, and such act of assault and intimidation was assessed as one act under the social concept, the multiple crimes of obstruction of performance of official duties are crimes of conceptual concurrence (see Supreme Court Decision 2009Do3505, Jun. 25, 2009). The act of intimidation and assaulting police officers F who perform the same official duties and obstructing the performance of official duties by assaulting police officers E constitutes a crime of obstruction of performance of official duties against public officials F and E, and such act of assault and intimidation was committed in the same opportunity at the same place, and thus, there is a relationship of commercial concurrence.

However, the judgment of the court below did not regard the relationship between the above two crimes as the ordinary concurrent crimes (it seems that the original court did not make any decision on the relationship between the above two crimes). In this respect, the judgment of the court below is no longer able to maintain.

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 allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below. Thus, all of the facts charged and evidence are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;