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(영문) 대전지방법원 2018.05.31 2018노820
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. According to the records of this case, the court of original judgment determines that the service of a writ of summons, etc. to the defendant on January 5, 2018 shall be made by means of public notice, and that the defendant was examined as evidence on February 6, 2018 under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. on February 6, 2018; that the court of original judgment sentenced the defendant to six months of imprisonment on February 20, 2018; that the above judgment became final and conclusive by the court of original judgment; that the defendant claimed recovery of the right to appeal against the above judgment; that the defendant filed a claim for recovery of the right to appeal against the above judgment; that the defendant was deemed to have failed to file an appeal within the statutory period due to a cause for

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.

【The reasoning of the judgment below in its entirety 【The facts constituting a crime and the summary of evidence admitted by the court below 】 The summary of facts constituting a crime and the summary of evidence is identical to each corresponding column of the judgment below, except for addition of “the Defendant’s oral statement at the court of first instance” to the summary of evidence as indicated in the judgment below. Thus, it is true in accordance with

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