특수협박등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
seized knife 1 knife (2018No. 446.)
1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for 8 months and imprisonment for 2 months: imprisonment with prison labor for 1 year, and imprisonment with prison labor for 3 months) of the lower court is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
A. According to the records of this case, the court below served a copy of the indictment, a writ of summons of the defendant, etc. by means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and sentenced eight months to imprisonment by conducting hearings in the absence of the defendant. The defendant claimed that he was unaware of the fact that he was sentenced due to his failure to obtain a copy of the indictment and a summons of the defendant, etc. when he filed a claim for recovery of his right to appeal against the above judgment of the court below which became formally final and conclusive, and the court below recognized that the defendant was not appealed within the appeal period due to a cause not attributable to him
Comprehensively taking account of the above facts acknowledged, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion of Litigation, etc. as the defendant was unable to attend the trial of the court below
Recognizing that, this Court recognizes that the defendant is served with a duplicate of indictment, and accordingly, shall proceed with a new litigation procedure and render a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). Accordingly, the judgment of the court of first instance cannot be maintained as it is.
B. Each of the lower judgment’s respective offenses against the Defendant was concurrent crimes under the former part of Article 37 of the Criminal Act, as the case of the consolidated Defendant appealed in the first instance trial.
In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.
3. Conclusion.