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(영문) 서울남부지방법원 2018.11.16 2018노1636
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, a punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (1) misunderstanding the legal principles and serving a copy of the indictment and a writ of summons by means of serving public notice without taking necessary measures to identify the whereabouts of the defendant and making the judgment without the defendant's statement is unlawful.

(2) The punishment sentenced by the lower court (six months of imprisonment) shall be too unreasonable.

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

According to the records, the court of original judgment served a copy of the indictment and a writ of summons by means of serving public notice in accordance with the special provisions on the procedure of trial in the first instance under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and sentenced a judgment by the court of first instance. The defendant filed an appeal and filed a request for recovery of the right of appeal, and the court can recognize the fact that the defendant made a decision to recover the right of appeal. According to the above facts of recognition, there are grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial. In this respect, the judgment of the court below cannot be maintained as it is (see Supreme Court Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015, etc.). 3. Thus, the judgment of the court below is reversed ex officio, without examining the grounds for appeal by the defendant, and the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The Criminal Procedure Act applies to the facts constituting a crime and the summary of evidence recognized by the court, as stated in each corresponding column of the judgment below.

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