특수협박등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eleven months.
shall be forfeited as provided in subparagraph 1.
1. The sentence (No. 1: Imprisonment with prison labor for 8 months and confiscation, and imprisonment with prison labor for 3 months) declared by each court below on the gist of the grounds of appeal is too unreasonable.
2. In light of the records, prior to the judgment on the grounds for appeal by the defendant, the first instance court: (a) served a copy of the indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and (b) served a trial in the state of absence of the defendant; and (c) alleged that the defendant filed a petition for recovery of his/her right to appeal and did not know that he/she was sentenced to the judgment; and (d) on the ground that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant,
Thus, there is a ground for a request for retrial under the Special Act on the Promotion, etc. of Litigation because there is no reason to return to the court of first instance for the defendant's failure to attend the trial
It is recognized that the judgment of the court below that the defendant appealed, as each of the cases of the judgment below that the defendant appealed, each of the crimes in the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered simultaneously in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained
3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act, and the following is again decided through pleadings, such as a new examination of evidence.
[Re-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, in addition to adding “1. Defendant’s original trial testimony” to the summary of the evidence of the first instance judgment. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.