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(영문) 대전고등법원 2012.06.27 2012노136
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

The case is remanded to Daejeon District Court Panel Division.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles that the Defendant was injured by a special obstruction of performance of official duties does not cause injury to N by a police officer. The police officers who are in the victim status of this part of the crime conducted a direct investigation and on-site inspection. The evidence prepared in the above process is inadmissible. 2) There is no fact that the Defendant committed robbery in the judgment of the court of the court below against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) against the victim J.

B. The lower court’s sentencing (one year of imprisonment and a fine of 500,000 won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A. The facts charged in the instant case are cases subject to a participatory trial pursuant to Article 5(1)3 and 5 of the Act on Citizen Participation in Criminal Trials (amended by Act No. 11155, Jan. 17, 2012; hereinafter “Act”) and Article 2 subparag. 3 of the Rule on Citizen Participation in Criminal Trials.

B. A participatory trial is an institution introduced to enhance the democratic legitimacy and trust of the judiciary (Article 1 of the Act). Since any person has the right to a participatory trial as provided by law (Article 3 of the Act), a participatory trial is conducted in accordance with the procedure of a participatory trial in a case eligible for a participatory trial pursuant to laws and regulations. However, a participatory trial shall not be conducted exceptionally only where a defendant does not want a participatory trial or a court decides to exclude a participatory trial on the ground

(Article 5(1) and (2) of the Act. As such, whether a participatory trial is held or not is decided first by the defendant's will, if a case subject to a participatory trial is indicted, the court shall confirm the defendant's intent to the participatory trial in writing, etc.

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