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(영문) 서울남부지방법원 2015.01.16 2014노2053
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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. Prior to the judgment on the grounds for appeal by the defendant, the court below examined ex officio prior to the judgment on the grounds for appeal by the defendant; the court below issued a detention warrant on January 8, 2014, when the defendant was absent on one time and two days of the second trial date, and requested the issuance of the detention warrant on January 8, 2014 (the detention warrant on July 8, 2014 is returned to impossible execution); the defendant was absent on the third trial date, and requested the competent police station for the detection of location; and on March 14, 2014, the defendant's report on investigation was received to the effect that the defendant's whereabouts was unknown, and six months have not passed since the decision was made on August 4, 2014 by service; the defendant immediately made a decision on the delivery of the defendant to the service by public notice; and the defendant was summoned on two occasions by public notice, and concluded the proceedings after the amendment trial without the defendant's attendance, and thus, the judgment of the court below cannot be held unlawful.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after the examination of evidence and pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except for the addition of “the defendant’s oral statement at the trial” to the summary of the evidence in the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the accused for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act shall be one’s own crimes.

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