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(영문) 부산고등법원 (창원) 2017.02.15 2016노440
일반건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (such as imprisonment of one year and two months, fine of three hundred thousand won, etc.) is too unreasonable.

2. Ex officio determination

A. According to the records of recognition, the following facts are recognized:

1) On March 25, 2013, the Defendant was indicted with the Jinwon District Court for the crime of damaging general buildings, fire-fighting, and public goods (the same court 2013 Gohap 33), and on April 1, 2013, the Defendant was indicted with the Jinwon District Court for the crime of damaging public goods (the same court 2013 Gohap 33), and on April 1, 2013;

4. The summons of the trial date was received directly.

2) However, the Defendant had been absent at the first trial date of the lower court, and thereafter the trial date has been postponed several times. On October 24, 2016, the Defendant was indicted on the same court due to a crime of violating the Road Traffic Act (drink 967 of the same court) (i.e., the same court). On October 26, 2016, the lower court decided to conduct a consolidated trial on the case of violation of the Road Traffic Act (divated driving), etc. (i.e., the same court 2016 senior 102 of the same court), and (ii) did not separately deliver the written confirmation of the intention of the citizen participatory trial and the written confirmation on the above 2016 senior 102 case.

3) On November 10, 2016, the lower court confirmed the Defendant’s intention that all of the instant 2013 High 33 and 2016 High 102 (Joint) cases do not want to proceed as a part of the people’s participation trial, and concluded the procedure of trial by going through ordinary trials, and sentenced the judgment on November 24, 2016.

4) On January 13, 2017, the trial court served a written confirmation and a written confirmation of the citizen participatory trial in relation to the above 2016 High 102 case, and the defendant received all the above written documents at the Changwon prison on the same day.

5) On January 18, 2017, the trial court affirmed the Defendant’s intention that the instant 2016 high 102 case is not wanting to proceed as a citizen’s participation trial on the date of the first trial, and concluded the trial by proceeding the ordinary procedure of trial, and designated February 8, 2017 as the date of sentence B.

In this regard, the defendant is on the date of the above pronouncement.

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