권리행사방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (one year and eight months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.
2. Ex officio determination
A. 1) Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits (hereinafter “Special Cases Concerning this case”).
Article 23-2(1) of the same Act (hereinafter “instant Review Regulations”) and Article 23-2(1) of the same Act
According to the language and legislative purport of the above case, in a case where only the prosecutor appealeds the first instance trial where the defendant was absent, and the appellate court dismissed the prosecutor’s appeal after the non-appearance of the defendant, and thereby the first instance court became final and conclusive, if the defendant was unable to attend the first instance trial and the appellate trial proceedings without any cause, and filed an appeal through recovery of right to appeal, this constitutes “when there is a cause for requesting retrial” as provided in Article 383 subparag. 3 of the Criminal Procedure Act, and may constitute grounds for reversal of the judgment of the court below. Furthermore, the court below, after remanding the case that is reversed for the above reason, shall serve the defendant with a writ of summons as grounds for reversal ex officio under Article 361-5 subparag. 13 of the Criminal Procedure Act, and shall serve the defendant with a new trial proceeding, such as delivering a duplicate of the indictment, etc., and then serve the defendant again in accordance with the new trial result (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015).).