사문서위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. The lower court’s sentencing (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: imprisonment with prison labor for August) is too unreasonable.
B. The sentencing of the first decision of the Prosecutor’s 1 ( imprisonment with prison labor for 8 months) is too uncomfortable and unfair.
2. Ex officio determination
A. According to the records on the recovery of the right to appeal of the first instance judgment, the lower court: (a) served a writ of summons, etc. by means of public notice delivery pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served a trial in the absence of the Defendant; (b) asserted to the effect that, upon filing a request for recovery of the right to appeal, the Defendant was unaware of the fact that the public prosecution was instituted because he was not served with a copy, etc. of the indictment; (c) The lower court recognized that the Defendant was unable to appeal within the appeal period due to a cause not attributable to the Defendant; and (d)
As the Defendant was unable to attend the trial in the lower court due to a cause not attributable to the Defendant, the lower court’s judgment constitutes “when there is a cause for requesting a retrial” (see Supreme Court Decision 2015Do8243, Nov. 26, 2015) which is the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act, which is the grounds for appeal (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the lower court’s judgment cannot be maintained as it is, since the instant court is proceeding with a new legal procedure
B. The Court decided to consolidate each appeal against the judgment below and rendered a single sentence in accordance with Article 38(1) of the Criminal Act, since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act.
The judgment of the court below cannot be maintained in its entirety.
3. The judgment of the court below is reversed ex officio. Thus, Article 364 of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor.