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(영문) 대구지방법원 2020.09.09 2019노4924

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

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

2. According to the records of ex officio determination, the court below: (a) served a copy of indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and (b) served a trial in the state of absence of the defendant; (c) alleged that the defendant was unable to receive a copy of indictment, etc. and was unaware of the fact that the judgment was pronounced; and (d) on the ground that the defendant was unable to appeal within the appeal period due to a cause not attributable to him

Thus, it is recognized that the defendant has no reason to attend the trial of the court below and there is a reason to request a retrial under Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings because he/she has no reason to do so, and this court shall proceed with new litigation procedures, such as serving a duplicate of indictment on the defendant, and render another judgment according to the result of new trial (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015);

3. Accordingly, 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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 231, 234, and 137 of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;