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(영문) 인천지방법원 2018.11.08 2018노3139
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one hundred months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant.

According to the records of this case, the court below served a copy of the indictment and a writ of summons by the method of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the defendant with a summons, etc. and tried in the state of his/her absence, and alleged to the purport that he/she was unable to receive a copy of the indictment, etc. and was unaware of the fact that the judgment was pronounced, while requesting recovery of his/her right of appeal, and that the defendant was unable to appeal within the appeal period due to

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

Since the judgment of the court below is recognized, it can no longer be maintained in this respect.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) except for the addition of “1. Defendant’s in-court testimony” to the first head of the judgment of the court below as stated in the corresponding column of the court below; and (b) thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. Bearing the costs of lawsuit;

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