폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to Articles 23 and 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the legislative intent thereof, even in cases where the first instance judgment, which was initiated pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, only the prosecutor appealeds the trial, and the appellate court also dismissed the prosecutor’s appeal after the non-appearance trial and thereby the first instance judgment becomes final and conclusive, the defendant who was unable to attend the trial at the first instance court and the appellate court’s trial without any reason, may file a petition for review of the conviction with the court of first instance within the period prescribed by the above provision pursuant to Article 23-2(1) of the same Act.
must be viewed.
In such a case, if the defendant filed an appeal by the recovery of his/her right of appeal without filing a request for retrial, it can be deemed as constituting “when there is a ground for request for retrial” as prescribed by Article 383 subparag. 3 of the Criminal Procedure Act, and thus, it can be deemed as constituting “when there are grounds for request for retrial”
In addition, according to the purport of the judgment of remanding the case that is reversed for that reason, the court that is going to proceed with the appellate trial procedure after remanding the case, there are grounds for ex officio reversal on the grounds of appeal under Article 361-5 subparag. 13 of the Criminal Procedure Act in the judgment of first instance.
A report, a copy of indictment, etc. shall be served again, a new litigation procedure shall be followed, and a judgment shall be made according to the results of the trial.
According to the records, the court below served a copy of the indictment and a writ of summons through the method of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served the defendant with a prison labor for one year by conducting hearings in the absence of the defendant. < Amended by Act No. 2004, Dec. 2, 2008>