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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The decision of the court below on the gist of the appeal (6 months of imprisonment and 40 hours of completion of sexual assault treatment programs) is too unreasonable.
2. According to the records of this case’s ex officio determination, the court of original judgment rendered a decision on the recovery of right to appeal by recognizing that the defendant was unable to file an appeal within the period of appeal due to a cause not attributable to the defendant, as the court filed a request for recovery of his/her right to appeal immediately after the defendant was arrested by the execution of a sentence under Article 23 of the judgment of the court below which became formally final and conclusive, and the court below made a decision on the recovery of appeal by recognizing that the defendant was unable to file an appeal within the period of appeal due to a reason not attributable to him/her.
Thus, barring any other circumstance, there is a ground to request a retrial under the Special Act on the Promotion, etc. of Litigation due to the defendant's failure to attend the trial of the court below's failure
Recognizing that the appellate court, as the appellate court, newly conducted litigation by delivering a copy of indictment to the defendant, etc., the appellate court should reverse the judgment of the court below and render a new judgment in accordance with the result of the trial, such as statement in the trial, evidence examination, etc. (see, e.g., Supreme Court Decisions 2015Do8243, Nov. 26, 2015; 2014Do17252, Jun. 25, 2015). In this regard, the judgment of the court below cannot be maintained any more.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] Criminal facts and summary of evidence recognized by this court.