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The judgment of the court below is reversed.
A fine of three million won shall be imposed for the crimes listed in the No. 1 of the List of Crimes in the judgment of the defendant.
Reasons
1. Summary of grounds for appeal;
A. The ground for the request for retrial was that the defendant could not have been present at the trial of the court below due to the reason that the defendant cannot be held responsible. Therefore, the court below erred by misapprehending the legal principles as to the request for retrial under Article 23-2 (1) of the
B. The sentence of the lower court’s unfair sentencing (6 months of imprisonment with prison labor for each of the crimes listed in the [Attachment 1] No. 300,000 won and the crime listed in the [Attachment 1] No. 2,3, and 4] is too unreasonable.
2. Determination
A. In a case where the defendant was found guilty of having been absent pursuant to the main sentence of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”), if the defendant was unable to attend the trial due to a cause not attributable to him/her, he/she may request a retrial on the conviction pursuant to Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”).
However, as to the judgment of the first instance court rendered guilty without the defendant's statement pursuant to the special provisions of this case, where the defendant filed a petition for recovery of appeal for the reason that the defendant or his representative could not file an appeal within the period of appeal due to a cause not attributable to him or her without requesting a retrial pursuant to the provisions of this case, if the reason includes circumstances in which the defendant could not attend the trial due to a cause not attributable to him or her, it is reasonable to deem that the ground for appeal corresponding to "when there exists a cause for a request for retrial" under Article 361-5 subparagraph 13 of the Criminal Procedure Act is asserted.
Therefore, in the case above, the appellate court should examine whether the grounds for the request for retrial under the provisions of the retrial of this case exist, and there are such grounds.
(1) if recognized,