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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to six months of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to him. Therefore, the lower court erred by misapprehending the legal doctrine on the grounds for filing a petition for retrial under Article 23-2(1) of the Act on Special Cases Concerning
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. According to the records, the court below's decision to recover the right of appeal on the ground that the defendant's whereabouts cannot be confirmed even after taking measures to confirm the whereabouts of the defendant, such as correction of address, request for detection of location, issuance of detention warrant, etc., by means of service by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the defendant's summons, etc. was served, and the defendant was sentenced to imprisonment for 10 months by conducting deliberation while the defendant was absent. When the defendant was arrested by execution of punishment in accordance with the above judgment of the court below which became formally finalized, the defendant filed a request for recovery of his/her right of appeal on the ground that he/she failed to receive a copy of the indictment, etc., and the court below's decision to recover his/her right of appeal on the ground that the above facts are found to fall under cases where the defendant was unable to file an appeal within the period of appeal due to a cause not attributable to the defendant.
This part of the defendant's argument is justified.
3. Accordingly, the court below's decision is reversed without examining the defendant's assertion of unfair sentencing, and the remaining part of the court below's decision excluding the rejection of the application for compensation order pursuant to Article 364 (6) of the Criminal Procedure Act excluding the rejection of the application for compensation order is reversed, and it is again decided as follows through pleading.
[Discied Judgment] Criminal facts.