사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant reflects his fault and the circumstances leading the defendant to refrain from committing the instant crime, etc.
2. Comprehensively taking account of the following facts acknowledged by the ex officio judgment records, the defendant is unable to attend the trial proceedings of the court of original instance due to a cause not attributable to him, and thus, he may request a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc.
Therefore, this court shall reverse the judgment of the court below and render a new judgment in accordance with the result of the hearing in this court (see Supreme Court Decision 2014Do17252, Jun. 25, 2015, etc.). Thus, the judgment of the court below cannot be maintained as it is, since the court below cannot be affirmed.
A. On June 15, 2018, the lower court served a copy of the indictment and a writ of summons of the Defendant by means of serving public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced the Defendant to imprisonment with labor for one year on the part of the Defendant, while the Defendant was absent.
B. The Defendant was unable to be served with a duplicate of the indictment and was unaware of the fact that the judgment was pronounced.
The claim for recovery of the right of appeal was filed.
(c)
The original court recognized that the defendant was unable to appeal within the period of appeal due to any cause not attributable to him and decided to recover his right to appeal.
3. Since the judgment of the court below on the basis of the above reasons for reversal ex officio, it is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.
Criminal facts
The summary of the evidence and the criminal facts recognized by the court, and the summary of the evidence, are deleted in the summary column of the evidence, "1. The defendant's protocol of interrogation of the suspect for the police," and "1. The defendant's own trial statement".