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(영문) 대법원 2016.12.01 2016도14740

전자금융거래법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 365 of the Criminal Procedure Act, when a defendant does not appear in the court on the appellate trial date, a new date is set and when a defendant does not appear in the court on the new date without justifiable grounds, the defendant can be ruled without statement of the defendant

According to the records, the court below delayed pleadings and set the second trial date as the defendant did not appear at the court date on the first trial date. The defendant did not accept the request for postponement of the second trial date, but the defendant started the hearing in the absence of the defendant at the second trial date and made a judgment after the pleadings are finished. The above measures of the court below are just as they are in accordance with the provisions of the Criminal Procedure Act, and there is no error

In addition, Article 186 (1) of the Criminal Procedure Act provides that "when a sentence is rendered, the defendant shall bear all or part of the costs of the lawsuit," and Article 191 (1) of the same Act provides that "if a trial is completed, the defendant shall bear the costs of the lawsuit ex officio." Thus, the court below is justified in ordering the defendant to bear the costs of the lawsuit in the first instance court and the original instance in accordance with the provisions of the above Act, and there is no violation of law such as misunderstanding of legal principles

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.