공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.
2. According to Article 63(1) of the Criminal Procedure Act, prior to the judgment on the grounds for appeal, if the defendant’s residence, office, or present position is unknown, public notice may be served. Articles 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to death penalty, imprisonment with or without labor exceeding ten years, or imprisonment with or without labor, etc. at the trial of the first instance, the court shall entrust the investigation of location, issue a head of arrest, or take other necessary measures in order to identify the whereabouts of the defendant, but if the whereabouts of the defendant is not confirmed by six months after the receipt of the report, service of the defendant shall be made by public notice.
Therefore, in the event the defendant's office telephone number or mobile phone number on the record shows the above telephone number or cell phone number, an attempt should be made to confirm and regard the place to be served with the above telephone number, and the delivery by the method of public disclosure immediately without taking such measures is not permitted as it violates Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Supreme Court Decision 201Do1094 Decided May 13, 201). According to the records, the court below decided to publicly notify the documents of the case against the defendant and ordered the defendant to appear at the 8 and 9 public trial without the defendant's statement and tried at the 10th public trial date without the defendant's statement. Meanwhile, the court below's second public trial on the date of the 10th public trial without the defendant's statement, and the defendant's contact information on the defendant in the evidence interrogation record submitted on the date of the public trial at the court below's second public trial.