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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
According to the records, the Defendant received the duplicate of the indictment at the lower court on November 10, 2017, and was absent on the date of pronouncement on May 30, 2018 following the completion of pleadings at the fourth trial date. The lower court determined the date of pronouncement on June 20, 2018, and September 5, 2018, and served the writ of summons on the Defendant on May 31, 2018 and August 22, 2018, but the Defendant was absent on the date of each sentence. The lower court again determined the date of pronouncement on September 19, 2018, and the writ of summons of the Defendant was impossible to serve on September 13, 2018, and the Defendant’s appeal on January 28, 2019, was rejected on the ground that the Defendant was dismissed on the grounds that he was not present on the date of appeal by public notice, and that the Defendant’s request was unlawful on April 16, 2019.
According to the above facts of recognition, the decision of the court below by public notice is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and thus, the judgment of the court below cannot be maintained any longer since the litigation procedure
3. Accordingly, 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.
[Discied Judgment] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment below.