강도상해등
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
Although this case was subject to a participatory trial as a case under the jurisdiction of the collegiate panel, the court below erred by violating the law on litigation procedures, since the court below conducted ordinary proceedings without confirming the intention of the participatory trial.
The judgment of the court below that found the defendant guilty of indecent act by indecent act by indecent act by indecent act, despite the fact that the defendant saw the victim by sparingly sparing the victim's resistance in order to take away the victim's bank, and did not take charge of the victim's chest with the intent of indecent act by indecent act.
The punishment sentenced by the court below of unfair sentencing (four years of imprisonment) is too unreasonable.
Judgment
According to the records of this case on the assertion of procedural violation, the court of the court of the original instance served as a governmental prison in which the defendant was admitted with a copy of the indictment, along with a written confirmation of the intention to participate in a participatory trial and a written guidance, etc., and delivered the above documents to the defendant on the same day after receipt on July 31, 2014, and received the defendant's signature on the same day. However, the defendant did not submit to the court of the original instance a written statement
On the other hand, according to the Act on Citizen Participation in Criminal Trials, the defendant shall submit a document stating his/her intention to participate in a participatory trial within seven days from the date on which he/she is served with a copy of the indictment (Article 8(2)), and if the defendant does not submit the above document, he/she shall not want a participatory trial (Article 8(3)).
Therefore, the court below did not submit a document as to whether the defendant who received a written confirmation and guidance of the intention of the participatory trial together with a copy of the indictment wanted a participatory trial within seven days from the above.