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(영문) 수원지방법원 2019.01.09 2018노6622
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Ex officio determination

A. According to the records, the court of original judgment may recognize the following facts: (a) serve a writ of summons, etc. by public notice on the defendant pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and proceed with the trial in the state of absence of the defendant and sentenced one year to imprisonment with prison labor for the defendant; (b) the defendant alleged to the purport that he was unable to attend the trial because he requested the recovery of his right of appeal against the judgment of original judgment formally finalized, and failed to receive the documents of lawsuit due to failure to receive the documents of lawsuit; and (c) the court of original judgment recognized that the defendant was unable to appeal within the appeal period due to any cause not attributable

B. According to the above facts, it is recognized that there is no reason attributable to the defendant in failure to attend the trial of the court below, and there is a reason to request a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Accordingly, the court below cannot maintain the judgment below as it is

(2) 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 reversed pursuant to Article 364(2) of the Criminal Procedure Act, and is determined as follows through new pleadings, on November 26, 2015 (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 201Do8243, Nov. 26,

[C] The summary of the facts constituting an offense and evidence recognized by this court is as follows: (a) except where the first head of each of the judgment below's "1. Police Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Suspected Examination of the Defendant's Suspected Statement of the Defendant's Criminal Procedure Act"

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