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(영문) 대법원 2020.11.26 2020도7331
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to Article 365 of the Criminal Procedure Act, when a defendant fails to appear in the court on the appellate court date, the court may determine a new date and render a judgment without a statement of the defendant when the defendant fails to appear in the court on the new date

The lower court rendered a judgment in the absence of the Defendant, on the ground that the Defendant was absent on the fourth trial date, and the Defendant submitted an application for the change of the trial date again, and that there was no justifiable reason for the non-appearance of the Defendant on the fifth trial date.

The above measures by the court below are just in accordance with the provisions of the Criminal Procedure Act, and there is no error as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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