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(영문) 부산지방법원 2020.10.16 2020노1907

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the court of original judgment shall serve a copy, etc. of the indictment by public notice under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and shall serve the defendant with the procedure of trial in the absence of the defendant, and sentenced the defendant to ten months of imprisonment on May 20, 200. The defendant filed a petition for recovery of his right to appeal against the judgment of the court below on June 5, 2020. The court of original judgment made a decision to recover the defendant's right to appeal on June 11, 2020, and the above decision can be

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the

Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[C] The facts constituting an offense and the summary of the evidence acknowledged by the court and the summary of the evidence are stated in the judgment of the court below, with the exception of changing the "each police interrogation protocol against the defendant on 1.1. The defendant's party trial statement" to "the defendant's party trial statement", and the corresponding columns of the court below.