여객자동차운수사업법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, ① the court below served a copy of indictment and a writ of summons by means of public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit (hereinafter “the Act”), and tried on January 29, 2020 when the defendant was absent, and sentenced to six months of imprisonment on January 29, 2020; ② the defendant requested the recovery of his right of appeal on February 18, 2020 when the defendant was arrested by the execution of punishment in accordance with the decision of the court below which became formally final and conclusive, and ③ the court rendered the decision of recovery of his right of appeal on February 26, 2020 by deeming that the defendant was not appealed within the appeal period due to reasons not attributable to the defendant
According to the above facts of recognition, there is no reason attributable to the defendant's failure to attend the trial of the court below and there is a reason for request for retrial under the Civil Procedure Promotion Act. Thus, this court shall proceed with a new litigation procedure against the defendant and render a new decision according to a new trial result, so the court below's judgment cannot be maintained
(2) 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 pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, subject to the oral argument, on November 26, 2015.
[Grounds for the judgment of multiple court] The summary of facts of crime and evidence recognized by this court is "criminal facts" as stated in the judgment of the court below, and "the defendant was sentenced to 10 months in imprisonment with prison labor for fraud in Suwon District Court, on June 24, 2015, and the above judgment became final and conclusive on November 23, 2015" and "the defendant was the Suwon District Court on June 24, 2015."