사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the lower court (ten months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records of this case, the lower court: (a) served a writ of summons, etc. of the Defendant on the method of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and proceeded with the trial in the absence of the Defendant; and (b) asserted that the Defendant claimed recovery of his/her right of appeal when he/she filed a request for recovery of his/her right of appeal upon the formal final and conclusive judgment of the lower court upon arrest of the Defendant through the execution of a sentence by the lower court; and (c) recognized that the Defendant was unable to file an appeal within the appeal period on March 22, 2018 due to a cause not attributable to the Defendant; and (b)
Therefore, barring any special circumstance, there is no reason to believe that the defendant was unable to attend the trial of the court below, and thus, there is a ground to request a retrial under the Act on Special Cases concerning the Promotion of Lawsuit falling under the Reasons for Appeal under Article 361-5 Item 13 of the Criminal Procedure Act
As such, the appellate court should proceed with a new litigation procedure against the defendant and make a new decision according to the result of a new trial.
Therefore, the judgment of the court below can no longer be maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the last offense of the judgment below.
The part “ received or acquired financial benefits.”
“A correction shall be made to “1. Defendant’s.” in the summary of the evidence.