폭행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts charged of interfering with the instant business, did not interfere with the management of the victim E and F bath.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
A. According to the records of this case of illegality in the trial proceedings, the court below served a copy of indictment, a summons of the defendant, etc. on the method of serving public notice pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings and sentenced ten months to imprisonment by conducting hearings in the absence of the defendant. The defendant asserted that he/she was unaware of the fact that he/she was pronounced a sentence because he/she was unable to receive a copy of indictment, a writ of summons of the defendant, etc. when he/she filed a request for recovery of his/her right of appeal against the above judgment of the court below formally finalized, and the court below
Comprehensively taking account of the above facts acknowledged, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion of Litigation, etc. as the defendant was unable to attend the trial of the court below
Recognizing this, this Court has conducted a new litigation procedure, such as serving a copy of indictment on the defendant, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). Accordingly, the judgment of the court below cannot be maintained as it is.
B. The prosecutor of the Amendments to Bill of Indictment assaulted the victim’s face in the indictment of assault against the defendant (2017 Goon 760) of the charge of assault (2017 Goon 760).
“Abbandoned the victim” by bating “abbbband” and destroying the victim.
"Along with approximately 35 minutes" in the facts charged of the obstruction of business operations ( group 1267 of the order of 2017) is changed to "a group of about 10-15 minutes".