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(영문) 수원지방법원 2016.10.27 2016노5731
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant, at the time of the instant case, found the victim E's head only once due to the injury by the fluoral disease, did not contain the part of the victim's name or the back part of the victim's fluoral disease.

Nevertheless, the judgment of the court below which found the defendant guilty of all the facts charged of this case that the defendant was guilty of the victim's parts of the victim's title and the back part due to the head of the victim's head and the shouldered sofin disease.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

1) As to a case that does not constitute death penalty or imprisonment with or without prison labor for life or for not less than ten years, the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”).

Article 23 (Special Provisions) (hereinafter “Special Provisions”).

(3) Article 23-2(1) of the Litigation Promotion Act (hereinafter “the Review Regulations of this case”) shall apply to cases where a defendant cannot be present at the trial without his/her statement in accordance with the Supreme Court Regulations, where the location of the defendant cannot be confirmed even after six months have passed since a report on the failure to serve on the defendant was received by him/her. However, where the defendant who was found guilty under the Special Provisions of this case was unable to be present at the trial due to a cause not attributable to him/her.

A request for retrial may be made to the first instance court within 14 days from the date on which he becomes aware of the fact that such judgment was rendered by the court, and if he fails to request a retrial within the above period due to a cause not imputable to him, he may request the first instance court within 14 days from the date on which such cause ceases to exist

In accordance with the special provisions of this case, a defendant is pronounced guilty without the statement of the defendant.

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