beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. As seen below, the court below served a copy of the indictment and a writ of summons by means of service by public notice, as follows, and sentenced a judgment by proceeding with the procedure of trial.
Therefore, although the defendant submitted a petition of appeal simultaneously with a request for the recovery of his right to appeal, there is no content that can be seen as the grounds for appeal, and even after the recovery of his right to appeal, the defendant sent a written notice of receipt of trial records, etc. to the court of appeal by public notice
2. According to the records of this case’s ex officio determination, the court below served a copy of indictment and a writ of summons, etc. by means of service by public notice pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings and served the trial proceedings in the absence of the defendant, and sentenced the defendant to a fine of two million won on April 24, 2018. The defendant filed a petition for recovery of the right to appeal against the judgment of the court below formally finalized on July 3, 2019, and the court below recognized that the defendant was unable to file an appeal within the appeal period on August 5, 2019 due to reasons not attributable to the defendant, and determined to recover the right to appeal of the defendant.
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 Article 3
Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is based on the above reasons for reversal, and the defendant's grounds for appeal are examined.