공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. A summary of the grounds for appeal 1) There is no desire to make a police officer mistake the fact, or assault him; and
2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
On July 22, 2016, the lower court decided that the service of the defendant to the public notice shall be made by serving the service of public notice, and on September 2, 2016, the lower court sentenced the defendant to six months of imprisonment on October 7, 2016, where the defendant did not appear in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc.
When the Defendant was arrested for the purpose of executing a sentence in accordance with the lower judgment, on November 30, 2016, the Defendant applied for recovery of the right to appeal. On January 4, 2017, the court recognized that the Defendant was unable to appeal within the appeal period due to a cause not attributable to the Defendant, and rendered a decision to recover the right to appeal.
According to the above facts, there is no reason to assume that the defendant was unable to attend the trial of the court and there is a reason to request a retrial.
Accordingly, the judgment of the court below can no longer be maintained, since the public notice service decision is revoked in the trial and the copy, etc. of the indictment is served again, and all the trial proceedings, including the examination of evidence, are newly progress.
On the other hand, the prosecutor applied for the amendment of indictment in exchange for the facts charged at the trial of the party, and since this court changed the subject of the adjudication, the judgment of the court below cannot be maintained any more in this respect.
However, although there are reasons for reversal of authority above, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
3. The facts charged can be fully recognized, since the victim E, witness F, and H expressed clearly in the trial court of the Party E, witness E, and H expressed the Defendant’s desire to and assault the police officer E at the trial court of the Party E.