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(영문) 서울중앙지방법원 2020.08.20 2020고정73
절도
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 8, 2019, at around 16:12, the Defendant: (a) committed a theft of one cell phone that was charged by the victim D, in front of the waiting rooms B B in Suwon-si, Suwon-si; and (b) brought about a theft of the victim D.

Summary of Evidence

1. A report on damage to the police statement of E;

1. Application of Acts and subordinate statutes to internal reports, investigation reports, and accompanying materials (CCTV image data, card personal data, and the table of requests for the provision of card personal data);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Articles 334(1) and 365 of the Criminal Procedure Act, where a defendant who has requested a formal trial on the date of the formal trial procedure fails to appear at the court, the new date shall be set, and where the defendant fails to appear at the court on the new date without justifiable grounds, a judgment may be rendered without a statement of the defendant.

In this case, the Defendant, who requested a formal trial, was lawfully served a writ of summons of the Defendant, and was absent on the first day of June 25, 2020, and thereafter was lawfully served a writ of summons of the Defendant and was absent on the second day of August 20, 2020.

Accordingly, this court proceeded with the trial without the defendant's statement in accordance with Article 458 (2) and Article 365 of the Criminal Procedure Act on the second trial date, and legally designated and notified the trial date for sentencing the judgment on the same day.

A notice of the court date for the adjudication above is effective, regardless of whether the party involved in the case is present at the court, regardless of whether it is actual.

The defendant who neglected the date of trial is not obliged to notify the trial date separately (see, e.g., Supreme Court Decision 74Do3293, May 10, 197), and a judgment is pronounced without the attendance of the defendant.

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