사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
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 the Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and sent a copy, etc. of the indictment to the defendant on September 12, 2018, while the procedure of trial is in the absence of the defendant, and sentenced the defendant to imprisonment for eight months on September 12, 2018. The defendant asserted that on September 19, 2019, the court of original judgment filed a request for recovery of the right to appeal of the defendant on September 24, 2019, and the court of original judgment rendered a decision to recover the defendant's right to appeal on September 24, 20
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. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the
Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot
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.
[C] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are "the defendant's trial testimony" in the judgment of the court below.