사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.
2. According to the records of this case ex officio determination, the court of original judgment served a copy, etc. of the indictment by means of public notice and serving a copy, etc. of the indictment on May 13, 2020 when the defendant did not appear pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings on the grounds that the location of the defendant cannot be confirmed, and served the trial without the defendant's statement and sentenced the defendant to six months of imprisonment on May 13, 2020. The above judgment became final and conclusive by the Do governor of appeal period, the defendant filed a claim for recovery of the right to appeal against the above judgment, and the court decided to recover the right to appeal by deeming the defendant
According to the above facts of recognition, 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 on the grounds that
In addition, it is reasonable to deem that the defendant's application for recovery of his right to appeal alleged the grounds for appeal corresponding to "when there are grounds for request for retrial" as prescribed in Article 361 subparagraph 13 of the Criminal Procedure Act.
Therefore, this court should 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 (see Supreme Court Decision 2015Do8243, Nov. 26, 2015, etc.). Thus, the judgment of the court below cannot be maintained as it is.
3. Thus, 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 below is reversed, and it is again decided as follows.
[Grounds for the judgment to be used again] Summary of facts constituting an offense and evidence recognized by the court is summary of the facts and evidence.