(영문) 대구지방법원 2017.09.21 2016노4853 | 리걸엔진

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(영문) 대구지방법원 2017.09.21 2016노4853

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (nine months of imprisonment) is too unhued and unfair.

B. Defendant 1) Defendant 1 was convicted and finalized under Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, but the Defendant was unable to attend the trial due to a cause not attributable to him/her. Therefore, the lower court’s judgment is unlawful as

2) The sentence imposed by the lower court is too unreasonable.

2. In light of the records of this case, the defendant was served with the first indictment, but thereafter, the prosecutor did not appear on the date of the public trial, and the court below notified the defendant of a new indictment and a writ of summons by the method of serving public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc., and sentenced nine months to imprisonment by conducting a trial in the absence of the defendant, and the defendant alleged that he was unaware of the fact that he was not served with a copy, etc. of the indictment, and that he was not aware of the fact that he was sentenced to the judgment in the request for recovery of his right of appeal, and the fact that the defendant was unable to appeal within the appeal period due to the reason that

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

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

3. In conclusion, the appeal by the defendant is reasonable, and the above grounds constitute grounds for reversal ex officio, and thus, the judgment of the court below is reversed pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are "1....."

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