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(영문) 대법원 2013.11.28 2013도11943
대부업등의등록및금융이용자보호에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 365 of the Criminal Procedure Act, when a defendant does not appear in the court on the appellate trial date, a new date is set and when a defendant does not appear in the court on the new date without justifiable grounds, the defendant can be ruled without statement of the defendant

According to the records, the court below, on July 18, 2013, designated the first trial date as 14:10 on July 18, 2013; the defendant rejected the application for postponement of the trial date; the defendant was absent on the first trial date; and the second trial date was postponed; the defendant rejected the application for postponement of the second trial date; the defendant started the trial at the time of his absence on the second trial date; and the first trial date was designated; and the defendant was absent on the trial date; and the judgment was sentenced in the absence of the defendant.

These measures of the court below are justified in accordance with the above provisions of the Criminal Procedure Act.

In addition, examining the reasoning of the judgment below in light of the evidence duly admitted by the court of first instance, the court below is just in finding the defendant guilty of the facts charged of this case, and there is no violation of the principle of free evaluation of evidence.

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

In this case where a fine is imposed against the defendant, the argument that the amount of punishment is unreasonable shall not be a legitimate ground for appeal.

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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