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(영문) 대구지방법원 2015.06.19 2015노1809
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. According to the proviso of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the judgment of the defendant's assertion of ex officio, where a case constitutes death penalty or imprisonment with or without prison labor for an indefinite term or for more than ten years, a trial may not be

According to the records of this case, the Defendant was indicted for non-detained on December 31, 2013 under the Daegu District Court Decision 2013Kadan622, which was the case of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.). The Defendant appeared on April 8, 2014. On the first day of the instant case, the lower court closed the pleadings on the day, and the Defendant was notified of the date of pronouncement designated from the court of the first trial to May 20, 2014, but failed to appear on the date of the pronouncement, May 20, 2014. The lower court did not appear on the date of the postponed declaration, but did not appear on June 10, 2014. The lower court determined that the Defendant did not appear on the date of the postponed declaration but returned to impossible execution, the location of the Defendant was not confirmed, and that the Defendant did not have been issued on the date of issuance of the detention warrant, and that the Defendant did not appear on the second day of the judgment.

However, the statutory punishment for the crime of violation of the Punishment of Violences, etc. Act is imprisonment with prison labor for a limited term of at least one year, and the above case is obvious that it constitutes imprisonment with prison labor for more than ten years, and thus, cannot be sentenced to a judgment by means of service without the attendance of the defendant. However, the court below sentenced the court below to a judgment by proceeding the trial without the attendance of the defendant. The above measures of the court below are taken.

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