상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the reasons for appeal (No. 1: imprisonment with prison labor for 1 year and 2: imprisonment with prison labor for 8 months) of the judgment of the court below is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A. The ground for ex officio reversal against the judgment of the court of first instance under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (1) where a defendant claims for recovery of appeal against the judgment of the court of first instance, which became final and conclusive after having rendered a conviction without a defendant's statement, and where such grounds include circumstances in which the defendant could not be present in the trial due to reasons for which he/she could not be held responsible, and it is reasonable to deem that there is a ground for request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and that there is a ground for appeal corresponding to "when there exists a ground for request for retrial" under Article 36
Therefore, in the above case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and there are such grounds.
If recognized, the judgment of the first instance court should be reversed, and a new judgment should be rendered in accordance with the result of the new trial, such as serving a duplicate of indictment, etc. (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). 2) According to the records of the judgment, the following facts are recognized.
(1) The original court served a copy of the indictment and a writ of summons, etc. on the defendant by means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced the defendant to a judgment on November 23, 2012, after proceeding the trial in the absence
② On June 23, 2015, the Defendant submitted a written application for recovery of his/her right to appeal to the lower court on June 23, 2015, and the Defendant was unable to file an appeal within the period for appeal due to any cause not attributable to him/her, and thus, a decision to recover his/her right to appeal to the lower