협박
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant 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 shall serve a copy of the indictment and 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 shall proceed with the trial in the state of absence of the defendant and thereby sentenced to six months of imprisonment, and the defendant requested the court of original judgment formally finalized on September 19, 2019 to recover the right of appeal, and the court of original judgment recognized that the defendant was unable to appeal within the appeal period on October 14, 2019 due to reasons not attributable to the defendant and decided to recover the right of appeal.
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for requesting a retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial," which is the ground for appeal under
(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, this Court shall proceed with new litigation procedures, such as serving a copy of indictment on the accused, and render a new judgment according to the result of a new trial. Therefore, the lower judgment cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Reasons for the judgment of multiple court] Criminal facts and the summary of evidence recognized by this court are limited to the alteration of "part of the statement in the police interrogation protocol against the defendant in the summary of evidence" to "1. The defendant's trial statement in the court room".