beta
Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to a mental divided disease, etc.
B. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.
2. According to the court below's ex officio review of the reasons for appeal of ex officio, and the records of this case, the court below's decision to recover the right of appeal can be recognized by recognizing the following facts: (a) the court below sent a writ of summons, etc. to the defendant by means of public notice service pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and (b) the defendant filed a petition for recovery of the right of appeal to the court below on the ground that the summons, etc. was not served after the above judgment became formally final and conclusive; and (c) the court below, as to this case's case's
Comprehensively taking account of the above progress of the case and the records of the trial of this case, the defendant seems not to have been able to attend the trial of the court below for the reason that he cannot be held responsible unless there are special circumstances.
Therefore, the Defendant shall be deemed to have the grounds for requesting a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. This constitutes the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act. Accordingly, the judgment of the court below, which is the appellate court, shall be reversed, and the judgment of the court below shall be rendered again according to the result of a new trial (see, e.g., Supreme Court Decisions 2015Do8243, Nov. 26, 2015; 2014Do17252, Jun. 25, 2015). In this regard, the judgment of the court below becomes unable to be maintained as it is.
However, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, despite the above reasons for reversal of authority.