공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
In accordance with the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”), the lower court rendered a judgment that found the Defendant guilty of the facts charged in this case by going through a public trial without the Defendant’s statement pursuant to the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the Defendant was unable to attend the public trial of the lower court due to any cause not attributable to the Defendant. Therefore,
The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.
With respect to a case that does not constitute death penalty or imprisonment or imprisonment without prison labor for more than ten years, with or without labor for an indefinite term or for more than ten years, exceptions to the trial proceedings in the first instance court are recognized pursuant to Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”), and where the whereabouts of the defendant cannot be confirmed even six months after the receipt of a report on the failure to serve on the defendant, as prescribed by the rules of the Supreme Court, a trial may be conducted without the statement of the defendant, in accordance with the Supreme Court Regulations.
However, in case where a defendant who was convicted pursuant to the special provisions of this case was not able to attend the trial due to a cause for which he cannot be held responsible, the defendant, etc. may request the first instance court to conduct a retrial within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the provisions of this case”). If the defendant, etc. was unable to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request the first instance court to conduct a retrial within 14 days from the date on which the cause ceases to exist.
As to the judgment of the court of first instance rendered guilty without the defendant's statement pursuant to the special provisions of this case, the defendant cannot be held liable for the defendant or his agent without requesting a retrial pursuant to the provisions of this case.