사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. According to the records of this case, the court of the original judgment ex officio (as to the existence of grounds for retrial), sent a copy of indictment and a summons of the defendant, etc. through service by public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced the defendant to one year in prison in the absence of the defendant, and the defendant alleged that he was unable to appear on the trial date because he was unable to receive documents related to the trial because he was claiming recovery of his right of appeal and became aware of the above sentencing. The court of the original judgment recognized that the defendant was unable to appeal within the appeal period
In light of the above facts, since the defendant was absent in the trial proceedings of the court below due to a cause not attributable to himself, there is a ground to request a retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground to request a retrial” which is the ground to appeal under Article 361-
Accordingly, the judgment of the court below is reversed and the new litigation procedure is conducted, and the judgment is to be rendered again according to the new result of the trial, so the judgment of the court below cannot be maintained any more.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
[Dao-written judgment] The summary of facts constituting an offense and evidence admitted by the court is identical to each corresponding column of the judgment of the court below, except for the addition of the “written statement at the court below” to the summary of evidence.