향토예비군설치법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a period of five months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (five months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
On March 2, 2017, the lower court decided that the service of the accused to the public notice shall be made by means of serving the service of public notice. On April 5, 2017, pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Defendant was punished by imprisonment with labor for five months
When the Defendant was arrested for the purpose of executing a sentence in accordance with the lower judgment, on May 24, 2017, the Defendant filed a petition for recovery of the right to appeal, and on June 20, 2017, the court recognized that the Defendant was unable to file an appeal within the appeal period due to a cause not attributable to the Defendant, and decided to recover the right
According to the above facts, there is no reason to assume that the defendant was unable to attend the trial of the court and there is a reason to request a retrial.
Accordingly, the judgment of the court below can no longer be maintained, since the public notice service decision is revoked in the trial and the copy, etc. of the indictment is served again, and all the trial proceedings, including the examination of evidence, are newly progress.
3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed ex officio, and the following is again decided after pleading, on the grounds of the above ex officio reversal.
【Grounds for the Judgment of the court below in other words, the facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are cited in each corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s trial testimony” to the first column of “a summary of evidence” as stated in the first column of the judgment of the court below. As such, it shall be cited as it is in accordance with
Application of Statutes
1. Relevant Article of the Act and the solicitation of punishment for the crime;