사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. According to the records of this case of ex officio determination, the court of original judgment determined on October 13, 2020 that the service of the defendant on October 13, 2020 should be made by means of public notice, in order for the defendant to not be served with a copy, etc. of indictment, and that the defendant was investigated into evidence on November 11, 2020 under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and that the court of original judgment sentenced the defendant on November 18, 2020 by imprisonment with prison labor for the defendant on November 18, 2020, the above judgment became final and conclusive as the appeal period expires, and thereafter, the defendant filed
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 Promotion of Litigation, etc.
In this case, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252 decided June 25, 2015, etc.). Thus, the judgment of the court below cannot be maintained 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.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is as follows. The summary of facts and evidence in the judgment of the court below is identical to the corresponding column of the judgment of the court below, except for the alteration of the "1. The defendant's written statement in the prosecutor's interrogation protocol against the defendant in the prosecutor's office" to "1. The defendant's written statement in the prosecutor's interrogation protocol" as stated in the judgment of the court
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;