(영문) 서울동부지방법원 2016.11.18 2016노1044

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(영문) 서울동부지방법원 2016.11.18 2016노1044

도로교통법위반(무면허운전)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by each judgment of the court below on the gist of the grounds for appeal (Article 1: 6 months of imprisonment with prison labor and Article 2: Imprisonment with prison labor for a year and two months) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant, and as each of the cases of the judgment below against the defendant appealed in the trial of the court of appeal, each crime of the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced simultaneously in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more

B. Furthermore, according to the records, the first instance court's judgment on the first instance court's official health stand and records, while the summons of the trial date by means of service by public notice was made to the defendant one time, the first instance court's decision is closed by proceeding the fifth trial date without the defendant's appearance on April 28, 2016 and the second trial date on May 12, 2016 can be acknowledged that the judgment was rendered on the sixth trial date. This violates Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which prescribes that the defendant may be tried without the defendant's statement pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19 (2) of the Enforcement Rule of the same Act, and therefore, the first instance court's judgment is in violation of law and has affected the conclusion

Therefore, the first judgment of the court of first instance is no longer maintained in this respect.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is so decided as follows.

[Discied Judgment] Summary of criminal facts and evidence against the defendant recognized by the court is a summary of criminal facts and evidence.

참조조문

-소송촉진 등에 관한 특례법 제23조

-형법 제38조

-형사소송법 제364조 제2항

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