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(영문) 수원지방법원 2020.04.09 2019노7050
경범죄처벌법위반
Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. On January 30, 2020, the Defendant did not submit the appellate brief within the deadline for submitting the appellate brief even after receiving a lawful notification of the receipt of the appellate brief from this court on January 30, 2020.

However, according to the evidence duly adopted and examined by this court, the defendant was sentenced to imprisonment with prison labor for one year and a fine of 300,000 won for the following reasons: (a) on April 16, 2019, the defendant was sentenced to a punishment of imprisonment with prison labor for the crime of interference with business in the Suwon District Court case 2018 Godan2136, etc.; and (b) on December 6, 2019, the defendant appealed and filed a final appeal against the above judgment

(C) Article 39(1) of the Criminal Act provides that the Criminal Procedure Act shall apply mutatis mutandis to the crime of crime of crime of crime of crime of crime of crime of crime of crime of crime of crime of crime of the latter part of Article 37 of the Criminal Act and the crime of crime of crime of crime of crime of crime of crime of crime of crime of the latter part of Article 37 of the Criminal Act.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the grounds of ex officio reversal, and the judgment below is judged as follows.

[Grounds] The summary of facts constituting a crime and evidence admitted by this court is added to the facts constituting a crime and the summary of the evidence, which are "the defendant was sentenced to one year of imprisonment with prison labor and a fine of 300,000 won on April 16, 2019 and confirmed on December 6, 2019," and the summary of the evidence added "the above judgment was finalized on December 6, 2019" to the summary of the evidence, since it is identical to each corresponding part of the judgment of the court below, except for adding "the search of the case and the copy of each judgment" to "the search of the case and the copy of each judgment."

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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