logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.05.08 2020노438
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

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

According to the records, the court of original judgment sent a copy, etc. of the indictment by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and sent a copy, etc. of the indictment to the defendant on December 11, 2019, while the procedure of trial is in the absence of the defendant, and sentenced the defendant on December 11, 2019. Accordingly, the defendant asserted on January 9, 2020 that he was unable to be served with the copy, etc. of the indictment, and requested for recovery of the right to appeal by the court of original judgment on January 16, 202, and the court of original judgment rendered a decision to recover

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the

Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, the summary of the judgment of the court below "1. Part of the protocol of interrogation of suspect against the defendant" is "1.

arrow