상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. The Defendant with mental or physical weakness continued to suffer from editing illness, and at the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.
2. The court below, ex officio, rendered a judgment of conviction against the defendant by serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed even after taking measures to confirm the whereabouts of the defendant, such as correction of address, request for detection of location, issuance of detention warrant, etc., and serving the main text of the indictment and a writ of summons of the defendant, etc. on the grounds of service of public notice, and
After that, the defendant filed a request for recovery of his right of appeal on the ground that he was not served with a writ of summons or notified thereof, and the court of original judgment rendered a decision to recover his right of appeal on the ground that the defendant was unable to file an appeal within the period of appeal due to a cause not attributable to
As can be seen, there is a ground for review that the lower court’s judgment is stipulated in Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and that “where a defendant who was convicted of a conviction was unable to attend the trial due to the cause for which
In a case where the defendant claimed and cited the right to appeal for the reason that he could not file an appeal within the period for filing an appeal due to a cause not attributable to the defendant or his agent for this reason, it is reasonable to deem that the defendant alleged that there was a cause for the request for retrial, and that he asserted the reason for appeal corresponding to the “when a cause for the request for retrial exists” as prescribed in Article 361-5 subparag. 13 of
Therefore, in such cases.