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청주지방법원 2018.08.09 2018노299
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, this paper examined ex officio.

A. With respect to a case that does not fall under death penalty or imprisonment with or without prison labor for an indefinite term or for a term of more than ten years, where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of a report on the failure to serve on the defendant pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion of Legal Proceedings”), a trial may be conducted without the statement of the defendant, as prescribed by the rules of the Supreme Court.

However, in a case where a defendant who is convicted pursuant to the special provisions of this case is not able to attend the trial due to a cause for which the judgment becomes final and conclusive, the defendant, etc. may request the court of first instance to conduct a retrial within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the retrial provisions of this case”). If the defendant, etc. fails to request a retrial within the above period due to a cause for which he cannot be held responsible, he/she may request the court of first instance to conduct a retrial within 14 days from the date on which such cause

Meanwhile, as to the judgment of the first instance, which became final and conclusive upon conviction without a defendant's statement, pursuant to the special provisions of this case, where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period of appeal due to a cause not attributable to him/her, and where such cause includes circumstances in which the defendant was unable to attend the trial due to a cause not attributable to him/her, such circumstance shall be deemed to have been asserted that there was a cause for the request for retrial under the provisions of this case, and Article 361-5 of the Criminal Procedure Act.