특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
According to the records, the court of original judgment served a copy of the indictment and a writ of summons by means of serving public notice in accordance with the special provisions on the procedure of trial in the first instance under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and sentenced a judgment by the court of first instance. The defendant filed an appeal and filed a request for recovery of the right of appeal, and the court can recognize the fact that the defendant made a decision to recover the right of appeal. According to the above facts of recognition, there are grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings
Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial. In this respect, the judgment of the court below cannot be maintained as it is (see Supreme Court Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015, etc.). 3. Thus, the judgment of the court below is reversed ex officio as above. Thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the degree of injury in the instant case is not minor.