(영문) 수원지방법원 2017.05.12 2017노1773 | 리걸엔진

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(영문) 수원지방법원 2017.05.12 2017노1773

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) against the Defendant is too unreasonable.

2. According to the records of ex officio determination, the court below may recognize the fact that the court below served a copy of the indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the proceedings in the absence of the defendant, thereby serving ten months in prison, and alleged to the effect that the defendant was unable to receive a copy, etc. of the indictment 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 was made on the recovery

According to a claim for the recovery of a right to appeal filed by a defendant, it is reasonable to deem that the defendant alleged that there are grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “the provisions for retrial of this case”) and that the defendant alleged grounds for appeal corresponding to “when there are grounds for the request for retrial” under Article 361-5 (13) of the Criminal Procedure Act is reasonable, and even according to the record, there are grounds for the request for retrial

Recognized.

Therefore, the appellate court, as an appellate court, should reverse the judgment of the first instance court and render a new judgment in accordance with the result of a new trial following the new proceedings, such as delivering a copy, etc. of indictment again to the defendant (see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). In this regard, the lower judgment was no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Judgment] Summary of facts constituting an offense and evidence

참조판례

-대법원 2015. 11. 26. 선고 2015도8243 판결

유사 판례

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