상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The main points of the grounds for appeal are as follows: The punishment of the lower court (the imprisonment with prison labor for 6 months and the imprisonment with prison labor for 1 year) is too unreasonable.
2. Examining ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio determination, the judgment of the court below cannot be maintained for the following reasons.
Consolidated Hearing (the first and second judgment of the court below) filed an appeal against the first and second judgment, and this court decided to hold concurrent hearings of each appeal against the first and second judgment.
The first and second crimes against the defendant in the judgment of the court below shall be sentenced to one punishment within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, as they are concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court of first and second instances which sentenced a separate sentence against the defendant cannot be maintained as it is.
B. According to the records, the first court served a copy of the indictment by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and served the defendant with a copy of the indictment by public notice, etc. and sentenced to a sentence of six months imprisonment on June 5, 2019 when the defendant was absent. The defendant filed an application for recovery of his/her right to appeal on June 19, 2019, and the first court rendered a decision to recover the defendant's right to appeal on July 26, 2019.
According to the above facts, the Defendant was unable to attend the first instance trial due to a cause not attributable to the Defendant. Therefore, the first instance court’s judgment on the grounds of a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for appeal,” which is the ground for appeal under Article 361-
(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, this Court proceeds with new litigation procedures, such as serving a copy of indictment on the accused, and conducting new hearings.