범인도피
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to records, the court of original judgment shall serve a copy of indictment, summons of the defendant, etc. 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 trial in the state of absence of the defendant, and thus, sentenced the defendant to six months of imprisonment on July 24, 2019. The defendant alleged on September 3, 2019 that he was unable to appear in the trial proceedings due to a cause not attributable to himself/herself while claiming recovery of his/her right of appeal against the court below on September 3, 2019. The court of original judgment recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to him/her on September 10, 2019 and made a decision of recovery of his/her right
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. Thus, the court below's judgment has a ground for a request for retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for appeal," which is the ground for appeal under Article 3
(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 the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the evidence and facts charged by the court and the summary of the evidence are as follows: 1. The defendant's legal statement is added to the summary of the evidence, except for addition of the defendant's legal statement.