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(영문) 부산지방법원 2017.03.30 2017노40

절도미수

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 (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the defendant, the records show that the court below served a copy of the indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced four months to imprisonment by conducting hearings in the absence of the defendant. The defendant alleged that he/she was unable to receive a copy of the indictment, etc. while claiming recovery of his/her right to appeal and was not aware of the fact that the judgment was pronounced, and that the decision to recover the right to appeal was made on the ground that the defendant was unable to appeal within the appeal period

If so, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under the Special Act on the Promotion of Litigation, etc.

Since the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is as follows: (a) added “1.1. Defendant’s trial testimony” to the summary of the evidence of the judgment below; and (b) deleted “1. The police interrogation protocol against the defendant” as stated in the corresponding column of the judgment below; and (c) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 342 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

2. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing criteria;