사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
1. A summary of the grounds for appeal 1) The Prosecutor’s 2-month punishment (one month of imprisonment) is too unhued and unfair.
2) Defendant 1’s punishment (4 months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by both parties, prior to the judgment on the grounds for appeal.
As to the judgment of the court of first instance, the defendant filed an appeal against the judgment of the court of second instance, and this court decided to consolidate the above cases and examine them.
However, each crime of the first and second judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and at the same time, a sentence should be sentenced. Thus, the judgment of the court below cannot be maintained.
Meanwhile, on the other hand, the first instance court determined that the service of the defendant on February 14, 2018, who was unable to serve a copy, etc. of the indictment on the part of the defendant due to uncertainty of the whereabouts of the defendant, by the method of serving public notice on the defendant. On March 21, 2018, the lower court conducted an examination of evidence on the part of the defendant without his/her presence pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc.
According to the above facts, there is no reason to request a retrial because the defendant was unable to attend the trial in the first instance court.
Recognized.
Accordingly, this court's revocation of the decision to serve public notice and again served a copy of the indictment, etc., and subsequently proceeds with all the procedure of trial including the examination of evidence, so the judgment of the court of first instance cannot be maintained any longer for this reason.
3. In conclusion, the judgment of the court below is reversed ex officio as above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.
【Grounds for the judgment to be used again】 Criminal facts and summary of evidence against the defendant recognized by the court.