사기
The judgment of the court below is reversed.
Nos. 1 and 2-A of the judgment of the defendant.
Section 2-B of the Decision, with respect to a crime, three years of imprisonment.
1. The sentencing of the lower court (the crime of No. 1 and No. 2-A. : Imprisonment with prison labor for three years, and the crime of No. 2-B. : imprisonment with prison labor for six months) is too unreasonable.
2. According to the ex officio records, ① the lower court served a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and proceed with the deliberation while the Defendant is absent.
The 2-B of the holding that imprisonment for a crime is three years or more.
As to a crime, six months have been sentenced to imprisonment, and ② the defendant was unable to appear in the trial proceedings due to a cause not attributable to him, and filed a petition for recovery of his right of appeal within the appeal period. ③ This court recognizes it and determined to recover his right of appeal.
Since the Defendant was unable to attend the trial in the trial due to a cause not attributable to the Defendant, there was a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for requesting a retrial,” which is the ground for appeal under Article 361-
(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, this Court shall proceed with a new litigation proceeding and render a new judgment according to the result of a new trial, and thus, the lower judgment cannot be maintained as it is.
3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.
[Discied Judgment] A summary of the evidence of facts and evidence shall be as stated in the corresponding column of the judgment of the court below, except for adding “1. Defendant’s oral statement” to the summary of the evidence of the court below.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and Article 30 of the Criminal Act (in the case of single-criminal conduct, excluded herefrom, or choice of imprisonment);
1. The Criminal Act dealing with concurrent crimes;