철도안전법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of weak ability to discern things or make decisions due to the taking-out and low blood relative.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to the records, the court of original judgment sent a copy, etc. of the indictment by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and sent a copy, etc. of the indictment to the defendant on December 11, 2019, while the procedure of trial is in the absence of the defendant, and sentenced the defendant on December 11, 2019. Accordingly, the defendant asserted on December 26, 2019 that he was unable to receive the copy, etc. of the indictment against the court below, and requested the recovery of the right to appeal of the defendant on January 6, 202, and the court of original judgment made a decision to recover the defendant'
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the
Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot
However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability still is subject to the judgment of this court, and this is examined below.
3. The background, method, and method of the instant crime, known by the records of the instant judgment as to the claim of mental suffering.