공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months and the suspension of execution of two years) is deemed to be too uneasy and unfair.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A. In full view of the contents and legislative purport of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”) and Article 23-2(1) of the Litigation Promotion Act (hereinafter “Special Provisions”), the contents of the defendant’s right to fair trial and right to defense as prescribed by the Constitution and the Criminal Procedure Act, the spirit of the Constitution declaring due process, and the need to substantially protect the defendant’s right to a fair trial, which was convicted at the first instance trial and the appellate trial without due cause, even in cases where the first instance court and the appellate trial filed an appeal against the non-appearance of the first instance trial conducted pursuant to the special provisions of this case, and the appellate trial, even if the judgment of the first instance and the appellate court reversed the new judgment of the first instance, and the judgment of conviction becomes final and conclusive after having been declared in absence, applying the new provisions of this case by analogy.
It is reasonable to interpret (see, e.g., Supreme Court Decision 2014Do17252, Jun. 25, 2015). (b) According to the records, the court of original judgment sent a copy of the indictment and a writ of summons by means of public notice service pursuant to the special provisions of this case, and tried in the state of absence of the defendant, and sentenced the defendant for a period of two years of suspension of execution in August. (2) The prosecutor appealed for the reason of unfair sentencing, and the appellate court also served a writ of summons, etc. on the defendant by means of public notice delivery, and then was absent from the defendant pursuant to Article 365(2) of the Criminal Procedure Act.