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(영문) 서울동부지방법원 2018.12.13 2018노734

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

The main point of the grounds for appeal is that the court below's punishment (one million won penalty) is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

A. The defendant committed a mistake in failing to file a report on change of residence with the court, knowing that the lawsuit has been pending

Even if a judgment is rendered on the date of trial without a defendant's statement due to illegal publication service, and the defendant's failure to appear on the date of trial, the defendant or his/her agent is deemed not to have filed an appeal within the filing period due to a cause not attributable to himself/herself (see Supreme Court Order 2005Mo507, Feb. 8, 2006, etc.). Meanwhile, according to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter "Litigation") and Article 19 (1) of the Enforcement Rule of the same Act, the defendant's notice to the effect that the defendant was not served on the date when he/she received a report necessary to confirm the location of the defendant, but the notice was served on the date when the defendant's whereabouts was not confirmed within 6 months from the date of public trial. The above six-month period was the minimum period set for protecting the defendant's right to claim a trial and defense, and the court below's notice was not served on the court below's prior notice No. 2816. 2, etc.