(영문) 인천지방법원 2020.11.06 2020노2922 | 리걸엔진

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(영문) 인천지방법원 2020.11.06 2020노2922

영아유기

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 (eight months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, ① the court below served a copy of indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit (hereinafter “the Act”), and proceeded with the deliberation in the absence of the defendant on July 23, 2020, and sentenced the defendant to eight months of imprisonment; ② the defendant requested the recovery of his right of appeal on August 19, 2020 when the defendant was arrested by the execution of punishment in accordance with the judgment of the court below formally finalized, ② the defendant requested the recovery of his/her right of appeal on August 19, 200; ③ The court is recognized as having decided the recovery of his/her right of appeal on August 24, 2020, by deeming that

According to the above facts of recognition, there is no reason attributable to the defendant's failure to attend the trial of the court below and there is a reason for request for retrial under the Civil Procedure Promotion Act. Thus, this court shall proceed with a new litigation procedure against the defendant and render a new decision according to a new trial result, so the court below's judgment cannot be maintained

(2) The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, subject to the oral argument, on November 26, 2015.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the judgment below, except for adding "1. The defendant's oral statement at the court below" to the summary of evidence of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

참조판례

-대법원 2015. 6. 25. 선고 2014도17252 전원합의체 판결

유사 판례

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