마약류관리에관한법률위반(대마)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
According to the records, the court of original judgment shall serve a copy of indictment and a writ of summons by means of serving public notice in accordance with the special provisions on the procedure of trial in the first instance under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced a judgment by conducting a trial in the absence of the defendant. The defendant filed an appeal and filed a request for recovery of the right of appeal, and the court of original judgment
According to the above facts, there are grounds for a request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the defendant's failure to attend the trial of the court below due to the lack of reasons
Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial. In this respect, the judgment of the court below cannot be maintained as it is (see Supreme Court Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015, etc.). 3. Thus, the judgment of the court below is reversed ex officio as the above reasons for reversal of the defendant's unfair judgment. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment below, except where “1. Defendant’s trial testimony is added to the summary of evidence” as stated in the summary of evidence, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc., and the former Act on the Management of Narcotics, etc., for which criminal facts are selected (Act No. 10786, Jun. 7, 2011).