공무집행방해등
The judgment of the court below is reversed.
No. 2 of the judgment of the defendant, and No. 2 of the attached Table 4 of the crime committed by the defendant 1.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (the sentence No. 2 of the original judgment: the fine of KRW 2 million and the remaining crimes in the holding of the lower court: Imprisonment of KRW 10,000,000) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Ex officio determination
A. According to the records, (1) The court of original judgment served a copy of indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”) and tried on February 4, 2020 when the defendant was absent, and sentenced on February 4, 2020 to a fine of 2 million won for the crime of provisional offense of Article 2 of the judgment below, and sentenced to a fine of 10 million won for each crime of Article 2 of the judgment below. (2) The defendant requested the recovery of his right to appeal on July 3, 2020 after the period of appeal against the judgment below expired, < Amended by Act No. 10904, Jul. 3, 2020; Act No. 3078, Jul. 17, 2020>
According to the above facts of recognition, there is no reason attributable to the defendant's failure to attend the trial of the court below and there is a reason for request for retrial under the Civil Procedure Promotion Act. Thus, this court shall proceed with a new litigation procedure against the defendant and render a new decision according to a new trial result, so the court below's judgment cannot be maintained
(Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015, and Supreme Court Decision 2015Do8243 Decided November 26, 2015, etc. (see, e.g., Supreme Court en banc Decision 2015Do8243, Nov. 2
According to the records, it is recognized that the defendant was sentenced to two years of suspension of execution on July 13, 2018 by the Incheon District Court for special assault, etc. on July 5, 2018 and the judgment became final and conclusive on July 13, 2018.
Therefore, the crime No. 1 and No. 2 in the annexed list No. 4 of the decision of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the special assault crime for which the judgment becomes final and conclusive.