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 decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. In the case of assault and threat to multiple public officials performing the same official duties as ex officio determination, multiple crimes of obstruction of performance of official duties are established according to the number of public officials performing official duties. In the case where the above assault and threat took place in the same opportunity at the same place, and is assessed as one act under the social concept, multiple crimes of obstruction of performance of official duties are crimes of mutual concurrence.

(See Supreme Court Decision 2009Do3505 Decided June 25, 2009, etc.) Regarding the instant case, the crime of obstruction of performance of official duties in this case committed by the Defendant and F and E, a police officer dispatched upon receiving a report from the Defendant, are assaulted by the Defendant, and each of the above police officers constitutes a crime of obstruction of performance of official duties. The Defendant’s act of assault as above committed the same opportunity at the same place, and it is reasonable to evaluate the police officers in the course of performing the duty of report processing as one act under the social concept. Thus, each of the above crimes of obstruction of official duties in this case constitutes a commercial concurrence relationship as stipulated in Article 40 of the Criminal Act.

Nevertheless, the court below dealt with this as substantive concurrent crimes or simple crimes. The court below erred in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment, so the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

[D.] The Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence.