마약류관리에관한법률위반(대마)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
3,000 won shall be additionally collected from the defendant.
3.2
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an additional collection of KRW 10 months, 3,000) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant.
According to the records of this case, the court below served a copy of the indictment and a writ of summons by the method of serving public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served the defendant with a prison labor of 10 months and 3,000 won as a result of the trial in the absence of the defendant. The defendant alleged that he was unable to receive a copy of the indictment, etc. while filing a petition for recovery of his right of appeal, and that he was unaware of the fact that the judgment was pronounced, and the defendant was unable to file an appeal within the period of appeal due to
According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to
Since the judgment of the court below is recognized, it can no longer be maintained in this respect.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) except for the addition of “1. Defendant’s in-court testimony” to the first head of the judgment of the court below as stated in the corresponding column of the court below; and (b) thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The pertinent Article of the Act on the Management of Narcotics, Etc. and the former Act on the Management of Narcotics, Etc., which had been selected for criminal facts (amended by Act No. 10786, Jun. 7, 2011).