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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
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, there is a ground for requesting a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination:
A. According to the records on the grounds of appeal as to the grounds of request for retrial, the court below sent a copy of indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and sentenced one year to imprisonment by conducting hearings in the absence of the defendant. ② When the defendant is arrested in the form of formal final and conclusive judgment of the court below, the defendant asserted that he was unaware of the fact that he requested for recovery of the right of appeal was not served with a copy of indictment, etc., and that he was unaware of the fact that he was not aware of the fact that the defendant was not served with a copy of indictment, etc., upon request for recovery of the right
In full view of this, the defendant was unable to appear in the trial proceedings of the court below for reasons not attributable to him.
may be filed.
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
Since the defendant's argument in this part of the grounds for appeal is justified (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). (b) In the judgment of authority, the prosecutor applied for changes in the indictment by striking the part of the facts charged in this case that "the defendant did not have the intent or ability to offer the security to the victim normally," among the facts charged in this case, the prosecutor applied for changes in the indictment by permitting it.