업무방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.
2. According to the records of this case, the court of original judgment determined that the service of the defendant to the defendant on February 13, 2018 should be made by means of public notice, in order to have the copy, etc. of indictment delivered to the defendant on March 29, 2018. The court of original judgment rendered an examination of evidence on March 29, 2018; the court of original judgment sentenced the defendant to one year in prison on April 19, 2018; the court of original judgment became final and conclusive by the time limit for appeal; the defendant filed a claim for recovery of the right to appeal against the above judgment; the defendant filed a claim for recovery of the right to appeal against the above judgment; the defendant's failure to file an appeal within the statutory period is deemed to be due to a cause not attributable to the defendant; and thus,
Therefore, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Special Act on the Promotion of Litigation, etc.
Recognizing this, this Court has completed a new litigation procedure, such as serving a copy of indictment on the accused, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). In this respect, the judgment of the court below became impossible to maintain as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
【Grounds for the Judgment of the court below in other words, the summary of facts constituting a crime and evidence recognized by the court below is identical to each corresponding column of the judgment below, except for the addition of “the Defendant’s oral testimony at the trial court of 1.1” to the summary of the evidence as stated in the judgment of the court below. Thus, it is in accordance with Article 369 of