사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of one year from the date this judgment becomes final and conclusive.
The decision of the court below on the summary of the reasons for appeal (six months of imprisonment) is too unreasonable.
According to the records of this case, the court of original judgment determined that the service of the defendant to the defendant on April 7, 2017 should be made by serving the public notice of his/her indictment, and that the defendant was examined under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings on June 2, 2017; that the court of original judgment sentenced the defendant to six months of imprisonment on June 16, 2017; that the above judgment became final and conclusive by the appeal period; that the defendant claimed the recovery of his/her right to appeal against the above judgment; that the defendant filed a request for the recovery of his/her right to appeal against the above judgment; that the defendant was deemed to have failed to file an appeal within the statutory period due to a cause not attributable to the defendant;
Therefore, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Special Act on the Promotion of Litigation, etc.
Recognizing this, this Court has completed a new litigation procedure, such as serving a copy of indictment on the accused, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). In this respect, the judgment of the court below became impossible to maintain as it is.
Therefore, 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, and the judgment of the court below is reversed and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is added to “1. The Defendant’s trial testimony at the court below” in the column of the evidence of the court below, and “1. The police interrogation protocol against the Defendant is during the interrogation of the Defendant.”