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(영문) 대법원 2020.01.30 2019도16630
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on admissibility of evidence and confession.

In addition, when the defendant does not appear in the court on the trial date, the court may render a ruling without the statement of the defendant when the defendant fails to appear in the court on the new trial date without justifiable grounds.

(Article 365 of the Criminal Procedure Act). The records reveal that the court below rendered a judgment in the absence of the defendant, since the defendant was absent from the summons of the court date on the first and second court date, and the court below proceeded with the trial without the defendant's statement on the second court date, and the defendant was absent from the defendant on the third court date.

The above measures by the court below are just in accordance with the above provisions, and contrary to the allegations in the grounds of appeal, the court below did not err by violating the statutes, etc.

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