(영문) 부산지방법원 2017.04.13 2016노4874 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.04.13 2016노4874

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the defendant, the records show that the court below served a copy of the indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced six months to imprisonment by conducting hearings in the absence of the defendant. The defendant alleged that he/she was unable to receive a copy of the indictment, etc. while claiming recovery of his/her right to appeal and was not aware of the fact that the judgment was pronounced, and that the decision to recover the right to appeal was made on the ground that the defendant was unable to appeal within the appeal period

If so, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under the Special Act on the Promotion of Litigation, etc.

Since the judgment of the court below can no longer be maintained.

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

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, except for the addition of "the defendant's oral statement at the court of first instance" to the summary of evidence of the court below's judgment, and thus, it is also acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended sentence according to the sentencing criteria [the scope of the recommended sentence] general frauds.

참조조문

-형법 제347조 제1항

유사 판례

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