폭행
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.
2. According to the records of ex officio determination, the court of original judgment shall serve a copy of indictment, a summons of the defendant, etc. through service by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and shall proceed with the deliberation in the state of absence of the defendant and sentenced the defendant to a fine of KRW 1 million on April 11, 2019. The defendant alleged on June 10, 2019 that he was unable to appear in the trial proceedings due to a cause not attributable to the court below claiming recovery of his right of appeal against the court below on June 18, 2019. The court of original judgment recognized that the defendant was unable to appeal within the period for appeal due to a cause not attributable to the defendant on June 18, 2019, and thus decided to recover the right of appeal (Seoul District Court
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant, and there is a ground for the request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for appeal," which is the ground for appeal under Article 361-
(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, this Court shall proceed with a new litigation proceeding and render a new judgment according to the result of a new trial, and thus, the lower judgment cannot be maintained as it is.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.
Criminal facts
The summary of the evidence and the facts charged by the court as well as the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "1. The defendant's oral statement" to the summary of the evidence. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.