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(영문) 서울서부지방법원 2019.05.30 2019노346
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the court of original judgment shall serve a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and shall proceed with the trial in the state of absence of the defendant, and sentenced the defendant for six months by imprisonment, and the defendant formally finalized the judgment of the court below that the defendant does not actually reside in the residence moving-in in filing a request for recovery of the right of appeal against the judgment of the court below which became final and conclusive, and thus failed to receive the notice of judgment, and that he was hospitalized at the hospital and was unable to attend the trial, and the court of original judgment recognized that the defendant was unable to appeal within the appeal period on February 14, 2019

Therefore, it is recognized that there is no reason attributable to the defendant due to the failure of the court below to attend the trial proceedings, and there is a reason to request a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). Accordingly, the court below was unable to maintain the judgment below as it is, since it had been newly

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied reasoning of the judgment below] Summary of facts constituting an offense and evidence recognized by the court and summary of evidence are as stated in the corresponding column of the judgment below.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal provisions;

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