공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
According to the records of this case, the court of original judgment shall serve a copy of the indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and shall proceed with the procedure of trial in the absence of the defendant, and sentenced the defendant to six months of imprisonment on November 5, 2019. The defendant filed a petition for recovery of his right to appeal against the judgment of the court below formally finalized on November 28, 2019, which became final and conclusive on December 2, 2019. The court of original judgment recognized that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant and decided to recover the right to appeal
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for requesting a retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial" which is the ground for appeal under Article 3
Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all except that "1. Defendant's trial testimony" is added to the summary of evidence of the judgment below.