logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.10.29 2015노1310
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the event of each of the instant crimes, the Defendant was under the influence of alcohol and was in a state of mental disability or mental disability.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, unless the location of the defendant is confirmed by the lapse of six months from the date of receipt of the report on failure to serve with the defendant, even though the defendant was requested to investigate his/her whereabouts, issued a detention warrant, or taken other necessary measures in the trial of the court of first instance, if the defendant's whereabouts are not the case corresponding to capital punishment or imprisonment or imprisonment without prison labor for life or for more than ten years, the service by public notice shall be made by public notice. Article 63(1) of the Criminal Procedure Act provides that where the defendant's residence, office, or location cannot be known, service by public notice shall not be permitted immediately without taking such measures.

(Supreme Court Decision 201Do1094 Decided May 13, 201). According to the records, the Defendant did not appear on the date of the first trial of the lower court. The lower court entrusted the detection of the Defendant’s whereabouts on March 20, 2015, and entrusted the execution officer with the service of the Defendant’s last address on his resident registration. On April 9, 2015, the lower court, upon receipt of the notice of the reason for service impossible due to “the addressee’s unknown” as a result of the execution officer’s service on April 9, 2015, notified the Defendant of the service by public notice on May 12, 2015, and did not appear on the second and third trial date after being summoned by public notice by public notice.

arrow