병역법위반등
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment with prison labor for three months and by imprisonment for two crimes as stated in the judgment of the court.
1. Summary of grounds for appeal;
A. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to him. Therefore, the lower court erred by misapprehending the legal doctrine on the grounds for filing a petition for retrial under Article 23-2(1) of the Act on Special Cases Concerning
B. The lower court’s sentence of unreasonable sentencing (the first and second crimes on the market: imprisonment of each of three months) is too unreasonable.
2. According to the record on the argument that the ground for request for retrial exists, the court below may recognize the fact that the court below made a decision to recover the right of appeal on the ground that the defendant's request for recovery of his/her right of appeal was filed on the ground that the defendant was unable to receive a delivery of a copy of indictment, etc. as to the crime Nos. 1 and 2 as stated in the judgment of the defendant through service by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc., by serving the defendant's whereabouts, even after taking measures to confirm the location of the defendant, such as correction of address, request for detection of location, issuance of detention warrant, etc.
According to the above facts, there is no reason for the defendant to attend the trial of the court below, and there is a reason for the request for retrial under Article 23-2(1) of the Act on Special Cases Concerning the Promotion of Legal Proceedings
This part of the defendant's argument is justified.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
【Discretionary Judgment】 Summary of Criminal facts and Evidence