사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e.g., imprisonment for a period of eight months) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant.
According to the records of this case, the court below 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 the defendant with a trial in the absence of the defendant and sentenced eight months to imprisonment, and the defendant alleged to the purport that he was unable to receive a copy of the indictment, etc. and was unaware of the fact that he was sentenced to the judgment in the petition for recovery of his right to appeal, and the fact that the defendant was unable to appeal within the appeal period
According to the above facts of recognition, it is recognized that there is no reason attributable to the defendant in the court below's failure to attend the court proceedings and there is a reason for the request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
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.
[Discied reasoning of the judgment of the court below] The criminal facts and the summary of evidence recognized by the court below are identical to the corresponding column of the judgment of the court below, except for adding "the defendant's trial statement in the first place" to "1. The defendant's trial statement in the first place". Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows.