업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty) is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.
A. According to Articles 455(3) and 276 of the Criminal Procedure Act, if a defendant does not appear in the court on the trial date of the formal trial procedure, the court may render a ruling without the defendant's statement if the defendant does not appear in the court on the new trial date without justifiable grounds. In order for the defendant to make a judgment without the defendant's statement, it is necessary for the defendant to refuse to appear in the court without justifiable grounds even after receiving a summons of legitimate trial date.
In addition, according to Article 63(1) of the Criminal Procedure Act, the service on public notice to the accused may be conducted only when the dwelling, office, or present location of the accused is unknown. Thus, in the event that the actual dwelling, place of work, or the home phone number or mobile phone number of the accused appears on the record, an attempt should be made to confirm the place to be served with such actual dwelling, etc. or contact with the phone number, etc., and the delivery by public notice immediately without taking such measures and making a judgment without the accused’s statement is not permitted as it violates Articles 63(1), 458(2), and 365 of the Criminal Procedure Act (see, e.g., Supreme Court Decisions 209Do12430, Jan. 28, 2010; 2011Do1210, Dec. 8, 2011). Meanwhile, the first instance court and the defendant did not appear in the court for public trial as well as the second instance court for public trial.
To the extent that the defendant was examined and judged without a statement,