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(영문) 서울중앙지방법원 2020.02.06 2019노3704

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the court of original judgment determined on July 9, 2019 to serve the defendant by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and sentenced the defendant on August 29, 2019 after serving a writ of summons, etc. with the method of service by public notice, and proceeding a trial in the absence of the defendant on August 29, 2019, and sentenced the defendant on August 29, 2019. The defendant filed a petition for recovery of his/her right to appeal against the above judgment of the court below on September 17, 2019, but the court of original judgment decided to dismiss the above claim of the defendant on October 16, 2019, and this court filed an immediate appeal, and recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant on November

Comprehensively taking account of the above facts acknowledged, the court below recognized that there was no reason attributable to the defendant in failure to attend the trial of the court below, and it constitutes "when there is a reason for requesting a retrial" under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which constitutes "when there is a reason for requesting a retrial

Therefore, the appellate court, as an appellate court, shall proceed with a new litigation procedure and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015; Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). Thus, the lower judgment, which is an appellate court, has become no longer maintained.

3. The judgment of the court below is reversed pursuant to 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.

[The reasons for the judgment of multiple court] The summary of criminal facts and evidence is recognized by the court.