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(영문) 서울동부지방법원 2017.01.13 2016노1682
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

The summary of the reasons for appeal by the defendant is that the sentence of the court below sentenced to the defendant (4 months of imprisonment) is too unreasonable.

In light of the records, prior to the determination on this, the court below: (a) 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 Promotion, etc. of Legal Proceedings; and (b) sentenced to four months of imprisonment by conducting deliberation in the absence of the defendant; (c) the defendant claimed recovery of the right to appeal and asserted to the purport that he was unable to receive the service of a copy of the indictment, etc., and was unaware of the fact that the judgment was pronounced; and (d) the fact that the defendant did not appeal within

If so, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under the Special Act on the Promotion of Litigation, etc.

Since the judgment of the court below can no longer be maintained.

Therefore, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act, and it is again decided as follows through pleadings such as a new examination of evidence.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is as follows: (a) except for the deletion of “part of the prosecutor’s examination protocol against the defendant on 1.1 and addition of “1.1. Defendant’s oral statement” in the summary of the evidence of the judgment below, since it is identical to each corresponding column of the judgment of the court below, the summary of the criminal facts and evidence against the defendant recognized by this court is cited as it is in accordance with

Application of Statutes

1. The relevant Article of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts and the selection of punishment (op to the punishment of imprisonment), and the defendant has been punished by suspended execution and fine due to violence or other violence, etc. over several occasions.

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