(영문) 창원지방법원 2017.11.02 2017노2309 | 리걸엔진

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(영문) 창원지방법원 2017.11.02 2017노2309

공무집행방해등

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All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months and a fine for 4,000,000 won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendant (No. 1: imprisonment with prison labor for up to 6 months and fines of up to 500,000 won, and fines of up to 4 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (4 million won) is too unhued and unfair.

2. According to the records of this case, upon ex officio determination, the court below sent a copy of the indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and sentenced the Defendant to imprisonment with labor for up to six months and a fine of up to 500,000 won on July 4, 2017, and sentenced the Defendant to a fine of up to 50,000 won on July 4, 2017.

According to the above facts, barring any special circumstance, the court below's judgment on the ground that the defendant was unable to attend the trial proceedings of the court of first instance and there is no reason to request a retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

I would like to say.

Therefore, the trial as a party shall proceed with new litigation procedures, such as delivering a copy, etc. of indictment again to the defendant, and make a new decision according to the result of the trial, such as the statement and examination of evidence in the trial of the party, so the judgment of the court of first instance is no longer able to be maintained.

On the other hand, the defendant appealed against the judgment of the court below of second instance, and this court tried to combine each appeal against the judgment of the court of second instance against the judgment of the court of second instance, and each of the offenses against the defendant with the judgment of the court of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment is imposed in accordance with Article 38(1) of the Criminal Act.

참조조문

-형법 제38조 제1항

유사 판례

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