상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to the records, the court of original judgment sent a copy, etc. of the indictment by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed and sentenced to imprisonment for August 20, 2019, while the procedure of trial was in the absence of the defendant, and sentenced the defendant to imprisonment for August 20, 2019. The defendant asserted on October 8, 2019 that he did not know the fact that the public prosecution was instituted because he did not receive the copy, etc. of the indictment when he filed a request for recovery of his right to appeal against the court below on October 8, 2019. Accordingly, this court can recognize the fact that on October 16, 2019, the court rendered a decision
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself, so the court below recognized the grounds for requesting a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act. Accordingly, the court of appeal, which is the appellate court, shall reverse the judgment below and render a new decision in accordance with the new result of the trial, and therefore, the judgment of the court below cannot 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 assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are indicated in the judgment of the court below.