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(영문) 의정부지방법원 2020.01.10 2019노2858
화학물질관리법위반(환각물질흡입)
Text

The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the defendant, the crime No. 2 of the judgment shall be sentenced to two months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and six months of imprisonment) is too unreasonable;

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, ① the Defendant received a duplicate of the indictment at the lower court on November 6, 2018, and was absent on the date of pronouncement on December 14, 2018 following the closure of pleadings at the first date of trial; ② the lower court designated the date of pronouncement on December 21, 2018; ② the summons of the Defendant was served on December 17, 2018; ③ the Defendant was absent on the date of pronouncement; ③ the lower court estimated the date of pronouncement and entrusted the detection of the Defendant’s location; ③ the lower court received an investigation report on the location of the Defendant’s whereabouts, which was confirmed as having no contact number of the Defendant’s address on January 10, 2019; ④ the lower court made a decision by publication on July 2, 2019 by public notice; ⑤ the lower court’s acceptance of the Defendant’s request by publication on August 30, 2019, under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Appeal, 2016 months and 197 months.

According to the above facts of recognition, the decision of the court below by public notice violates Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and thus, the judgment of the court below cannot be maintained as it is, since the litigation procedure violates

3. Accordingly, the court below's decision on the ground of ex officio reversal is without examining the defendant's assertion of unfair sentencing.

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