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(영문) 창원지방법원 2020.01.09 2019노1979

사기등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

Reasons

1. The lower court, among the facts charged in the instant case, rendered a judgment dismissing a public prosecution and rendered a judgment of conviction on the remainder of the facts charged, and the Defendant appealed only against the guilty portion among the lower judgment.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of the trial of the party as the defendant and the prosecutor did not appeal.

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

3. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the records of this case, the court below served a copy of indictment and a summons of the defendant by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and tried in the state of absence of the defendant, and sentenced the defendant to dismiss the prosecution as to the crime of violence among the facts charged of this case, and sentenced to six months as to the remaining facts charged. The defendant alleged to the purport that he was unable to receive a writ of summons when he filed a request for recovery of his right of appeal and was sentenced to a judgment in his absence, and that he was unaware of the fact that the judgment of the court below was pronounced. The defendant was unable to appeal

According to the above facts of recognition, it is recognized that there is no reason attributable to the defendant in the court below's failure to attend the court proceedings and there is a reason for the request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. Accordingly, the judgment of the court below on conviction is guilty of the judgment of the court below under Article 364 (2) of the Criminal Procedure Act, without examining the defendant's allegation of unfair sentencing.