사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. According to the records of this case’s ex officio determination, the court below: (a) served a copy of indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the defendant with a trial in the absence of the defendant; (b) alleged to the purport that the defendant was unable to receive a copy of indictment, etc. and was unaware of the fact that the judgment was pronounced; and (c) on the ground that the defendant did not appeal within the appeal period due to a cause not attributable to the defendant
If so, 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 the Special Act on the Promotion of Litigation, etc.
Since the judgment of the court below can no longer be maintained.
3. Thus, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “1. Defendant’s trial testimony at the trial court” to “a summary of the evidence” as stated in each corresponding column of the lower judgment; and (b) thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The reason for sentencing of Article 62(1) of the suspended sentence under the Criminal Act is that the crime of this case is committed by deceiving the victim by deceiving the victim to use it for purchase of materials, and that the crime is not good.
However, the defendant is the case.