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(영문) 인천지방법원 2020.11.27 2020노3157
공기호부정사용등
Text

The judgment of the court below is reversed.

Imprisonment with prison labor for 2 months against the first offense against the defendant, and for 2 years against the ruling.

Reasons

1. The summary of the grounds for appeal (Article 2(1)(2)(3)(3)(2)(3)(2)(3)(2)(2)(2)(3)(2)(3)(2)(3)(2)(3)(2)(

2. According to the records of ex officio determination, ① the court below served a copy of indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Act”), and tried on May 7, 2020 when the defendant was absent, and sentenced the defendant [2 months of imprisonment with prison labor for the crime No. 1, and 2] to be sentenced to imprisonment for the crime No. 1, 4 months and forfeiture (Evidence No. 1). ② After the period of appeal against the court below expires, the defendant requested the recovery of the right of appeal on August 26, 2020; ③ The court held that the defendant failed to appeal within the appeal period on September 3, 2020 due to a cause not attributable to the defendant, and thus rendered a decision on the recovery of the right of appeal on September 3, 2020. According to the above acknowledged facts, the court below's decision is reversed and remanded to 2015.

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