beta
(영문) 서울남부지방법원 2018.01.12 2016노2356

위계공무집행방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, a punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. Judgment ex officio prior to the grounds for appeal by the defendant;

According to Article 63(1) of the Criminal Procedure Act, service of public notice to the accused can be conducted only when the address, office, or present address of the accused is unknown. In a case where the actual residence, place of work, or home phone number or mobile phone number of the accused appears on the record, such attempt should be made to confirm the place to be served with such actual residence, etc. or telephone number and to contact with the phone number, and it is unlawful to serve the accused by means of public notice and make a judgment without the accused’s statement (see, e.g., Supreme Court Decision 2009Do12430, Jan. 28, 2010). Accordingly, according to the record, the address and telephone number of the accused stated in the written indictment for the suspect interrogation of the accused are also stated in (J) and (D) the address and telephone number of the south of the accused, Guro-gu Seoul, and the Defendant’s child phone number (O) are also stated in the police record, and the court below did not make a decision to contact the accused and tried to find the suspect.

Therefore, the notice service by the court below is unlawful, and the judgment of the court below which the defendant was sentenced to a failure to appear in accordance with such unlawful notice service decision constitutes a case where the litigation procedure affects the conclusion of

3. Conclusion.