(영문) 울산지방법원 2018.07.27 2018노581 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 울산지방법원 2018.07.27 2018노581

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. According to the court below's ex officio review of the reasons for ex officio appeal, and the records of this case, the court below's decision to recover the right of appeal can be recognized by recognizing the following facts: (a) the court below served a writ of summons, etc. of the defendant by means of public notice service pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served a trial in the absence of the defendant; (b) the defendant filed a petition for recovery of the right of appeal to the court below on the ground that the summons, etc. was not served after the above judgment became formally final and conclusive; and (c) the court below, as to

Comprehensively taking account of the above progress of the case and the records of the trial of this case, the defendant seems not to have been able to attend the trial of the court below for the reason that he cannot be held responsible unless there are special circumstances.

Therefore, the Defendant ought to be recognized as the grounds for a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and this constitutes the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act. Accordingly, the judgment of the lower court should be reversed, and the judgment shall be rendered again according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). In this respect, the lower judgment becomes impossible to maintain as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by the court, and the same.

참조판례

-대법원 2015. 11. 26. 선고 2015도8243 판결

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