특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, a mistake of facts, committed a misunderstanding of facts, flusium towards the tables that are not the victim, and the victim was faced with the flusium because the brus in contact with the table flusiums.
Nevertheless, the lower court erred by misapprehending the facts, thereby causing injury to the victim, due to the Defendant’s misunderstanding of the facts.
B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
A. In a case where a judgment of conviction becomes final and conclusive after the defendant was absent pursuant to the main sentence of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Special Provisions”), the defendant may file a petition for a retrial of conviction pursuant to Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Special Provisions”).
However, regarding the judgment of the court of first instance which was pronounced guilty without the defendant's statement pursuant to the special provisions of this case, where the defendant claimed and accepted the right to appeal for the reason that he could not file an appeal within the time limit for appeal due to a cause not attributable to the defendant or his representative without requesting a retrial pursuant to the provisions of this case, if the reason includes circumstances in which the defendant could not be present in the trial due to a cause not attributable to him, it is reasonable to view that the reason for appeal corresponding to "when there exists a cause for request for retrial" as provided in Article 361-5 subparagraph 13 of the Criminal Procedure Act is asserted by the provisions of this case
Therefore, the appellate court shall determine whether there are grounds for the request for retrial under the review of this case.