특수공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
B. There was no opportunity to attend the original judgment, even though the existence of the grounds for the request for retrial was unaware of the fact in the original judgment.
2. Where a case does not constitute death penalty or imprisonment with or without labor for an indefinite term or for more than ten years as to the existence of a ground for request for retrial is permitted pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings in the First Instance (hereinafter “Special Provisions”), and it is impossible to ascertain the whereabouts of the defendant even after six months have passed since a report on impossibility of service to the defendant was received, a trial may be conducted without a statement of the defendant, as prescribed by the Supreme Court
However, in case where a defendant who has been convicted under special provisions and was finally affirmed could not be present at the trial due to a cause for which he could not be held responsible, the defendant, etc. may request a retrial to the court of first instance within 14 days from the date on which he became aware of the fact that the judgment had been rendered pursuant to Article 23-2 (1) of the above Act (hereinafter referred to as the "Rules for Review"). If the defendant, etc. could not request a retrial within the above period due to a cause for which he could not be held responsible, he may request a retrial
In regard to the judgment of the first instance which became final and conclusive by conviction without a statement of the defendant pursuant to special provisions, in case where the defendant claims the recovery of the right to appeal for the reason that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her, if such cause includes circumstances in which the defendant could not be present in the trial due to a cause not attributable to him/her, it shall be argued that there was a cause for the request for retrial pursuant to the