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(영문) 인천지방법원 2020.05.15 2020노346

병역법위반

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 (six months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, ① the court below served a copy of indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”) and served a trial in the absence of the defendant and sentenced the defendant to six months of imprisonment on November 28, 2019, ② the defendant was arrested by the execution of a sentence in accordance with the judgment of the court below formally finalized, ② the defendant filed a request for recovery of his right of appeal on January 14, 2020 when the defendant was arrested by the execution of the sentence in accordance with the judgment of the court below became final and conclusive, ③ The court shall be deemed to have filed an appeal within the period of appeal on January 29, 2020, and thus

According to the above facts of recognition, there is no reason attributable to the defendant's failure to attend the trial of the court below and there is a reason for request for retrial under the Civil Procedure Promotion Act. Thus, this court shall proceed with a new litigation procedure against the defendant and render a new decision according to a new trial result, so the court below's judgment cannot be maintained

(2) 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 reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, subject to the oral argument, on November 26, 2015.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except for the alteration of "1. Police Examination of the Defendant's suspect's suspect to "1. The defendant's suspect's interrogation of the defendant's suspect's suspect's suspect's interrogation of the defendant's suspect's suspect's suspect's interrogation of the defendant'