업무방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. According to ex officio records, the court below served a copy of indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the defendant with a trial in the absence of the defendant, and argued to the effect that the defendant was unaware of the fact that the judgment was pronounced due to long-term hospitalization in the convalescent hospital due to unknown money illness after the date of one trial, etc. while claiming recovery of the right of appeal, and the fact that the decision of recovery of the right of appeal was made on the ground that the defendant was unable to appeal within the appeal period due
Thus, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
Recognizing that, this court has to proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render another judgment according to the result of a new trial (see, e.g., Supreme Court Decisions 2014Do17252, Jun. 25, 2015; 2015Do8243, Nov. 26, 2015). Accordingly, the judgment of the court below cannot be maintained any more.
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 defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below except for adding "the defendant's oral statement at the court below" to the summary of evidence, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;