beta
Text
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
Reasons
1. Each sentence (No. 300,000 won, a fine of 50,000 won, and a fine of 500,000 won, which is imposed by the original judgment) declared by the original judgment on the gist of the grounds of appeal is unreasonable.
2. (A) An ex officio determination (a) was made by examining ex officio prior to the judgment on the grounds for appeal, the instant case No. 2013No2790 of this Court, which is the appeal case against the judgment of the court of first instance, and the instant case No. 2014No875 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings for oral pleadings. The crime of damaging property and the crime of interference with business in the judgment of the court of second instance, which is the judgment of the court of first instance, are concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In
(B) In addition, according to the records, the court below decided to serve the defendant by public notice on August 2, 2012 because the defendant was unable to ascertain the location of the defendant, but confirmed that the defendant was scheduled to appear on August 15, 2012, through the Incheon Detention House on August 14, 2012, and that the defendant was aware of the date of trial, and revoked the decision by public notice to the defendant on August 14, 2012. The defendant submitted an application for postponement of the trial date which requested the extension of the date for consolidating with other criminal cases on August 16, 2012, and the defendant was absent on August 17, 2012, the court below ordered service of all documents, such as a writ of summons, to serve the defendant on August 17, 2012, and ordered the defendant to appear by public notice on August 17, 2012, and ordered the defendant to appear on September 3, 2017.
However, even if the defendant was absent on the third trial date, the court of the court of the original instance prior to issuing an order for second service by publication on August 17, 2012.