절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to the records, the original court served a copy of the indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served a copy of the indictment by public notice, etc. and served a sentence of eight months in prison by proceeding the trial in the absence of the defendant, and the defendant requested the judgment of the original court formally finalized on December 12, 2018 to recover the right of appeal, and the original court recognized that the defendant was unable to file an appeal within the appeal period due to any cause not attributable to the defendant, and thus decided to recover the right of appeal on January 15,
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 requesting a retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial" which is the ground for appeal under Article 3
(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, this Court shall proceed with new litigation procedures, such as serving a copy of indictment on the accused, and render a new judgment according to the result of a new trial. Therefore, the lower judgment cannot be maintained.
3. Accordingly, 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.
[C] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are the facts constituting an offense in the judgment below. The defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Central District Court on August 9, 2016 and revoked detention on November 9, 2017.