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(영문) 의정부지방법원 2020.01.09 2019노2848
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of the grounds for appeal and the sentencing of the case (six months in prison);

2. According to the records of ex officio determination, the lower court served a copy of indictment and a writ of summons, etc. by means of public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced the Defendant to six months of imprisonment by means of deliberation in the absence of the Defendant. The Defendant requested the recovery of the right of appeal against the judgment of the lower court formally finalized, and stated that he was unaware of the progress of the trial in the first instance by public notice, and

Thus, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to the lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures, such as serving the defendant with a duplicate of indictment, and render a new judgment according to the result of new trial (see Supreme Court Decision 2015Do8243, Nov. 26,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.

[Reasons for the judgment of the court below] The summary of the facts constituting an offense and the evidence admitted by the court below and the summary of the evidence are as follows. The summary of the evidence of the "2018 Highest 4512" and "2019 Highest 362" of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for adding the "1. Defendant's trial statement" to the first head. Thus, they are cited as it is in accordance with Article 369 of

Application of Statutes

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Aggravation of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The same type of crime.

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