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(영문) 대법원 2020.07.23 2020도6339
재물손괴
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent of

According to Article 365 of the Criminal Procedure Act, when a defendant fails to appear in the court on the appellate court date, the court may determine a new date and render a judgment without a statement of the defendant when the defendant fails to appear in the court on the new date

According to the records, as the defendant was absent on the first trial date of the court below, the court below re-designated the trial date, and as the defendant was absent on the second trial date without any justifiable reason even though the court below permitted both the defendant's two applications for change of trial date, the court below sentenced the judgment in the absence of the defendant.

The court below's measure is just in accordance with the above provision, and there is no error as alleged in the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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