The judgment of the court below is reversed.

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

The above fine is imposed against the Defendants.

1. The reasons for the prosecutor’s appeal (unfair sentencing) against the Defendants of the lower court (a fine of KRW 3 million for each of the said Defendants) are too uneased and unreasonable.

2. We examine ex officio the grounds for ex officio appeal before determining the grounds for appeal.

When an act of assault or intimidation was committed against multiple public officials performing the same official duties, the crime of obstructing the performance of multiple official duties is established according to the number of public officials performing the same official duties. The act of assault or intimidation committed in the same place at the same time, and in the event that the act of assault or intimidation is assessed as one act under the social concept, the crime of obstructing the performance of multiple official duties is in an ordinary competition relationship (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). According to the evidence duly adopted and examined by the court below, the defendants conspired with the defendants to arrest G police officers, I, and H dispatched to receive 112 report and attempted to arrest them as Defendant A in the act of committing the crime, and the act committed in the same opportunity at the same place is reasonable to be evaluated as one of the acts of assault or assault under Article 40 of the Criminal Act.

Nevertheless, the lower court recognized it as a single crime, thereby making it impossible to maintain the lower judgment as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is decided as follows through pleading.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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