사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. We examine ex officio prior to determining the grounds for appeal by the defendant. The records reveal that the court below served a copy of the indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings and served the defendant with a prison labor for ten months by conducting hearings in the absence of the defendant. The defendant alleged that he/she was unable to receive a delivery of a copy of the indictment, etc. while filing a request for recovery of his/her right to appeal, and that he/she was unaware of the fact that the judgment was pronounced, and that the decision to recover the right to appeal
Thus, there is no reason for the defendant to attend the trial of the court below and there is a reason for the request for retrial under the Special Act on the Promotion of Litigation, etc.
Since the judgment of the court below can no longer be maintained.
3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, except for the addition of "the defendant's oral statement at the court of first instance" to the summary of evidence of the court below's judgment, and thus, it is also acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Act on the Aggravated Punishment of Minor Offenses;
1. The scope of the recommended sentence according to the sentencing criteria;