컴퓨터등사용사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The lower court did not know the fact that the judgment was in progress, and there was no opportunity to attend the lower court judgment.
2. The lower court determined that the Defendant’s location could not be confirmed even after six months have passed since the receipt of a report on the failure to serve on the Defendant pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (the grounds for the request for a retrial) and determined to serve the public notice, and sentenced the Defendant to one year of imprisonment with prison labor for the Defendant
In regard to the judgment of the first instance, which was pronounced guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her without a request for reexamination under the provisions of reexamination, and where the grounds for appeal include circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to "when a cause for requesting a retrial exists" under Article 361-5 subparagraph 13 of the Criminal Procedure Act is asserted by
Therefore, the appellate court should examine whether there are grounds for the request for retrial under the provisions of the retrial.
If recognized, the judgment of the first instance court shall be reversed, and a new judgment shall be rendered in accordance with the result of the new trial, such as serving a copy, etc. of the indictment again (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). According to the records, the defendant is arrested with the execution of punishment by the judgment of the High Court 115 Decided January 21, 2014, the defendant applied for the recovery of his/her right to appeal and the service of a copy, etc. of the indictment shall not be rendered immediately.