사기
The judgment below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.
The grounds of appeal are examined.
1. According to Article 63(1) of the Criminal Procedure Act, when the whereabouts of the accused are unknown at the residence, office, and present, public notice may be served. Articles 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to capital punishment or imprisonment with or without prison labor for life exceeding ten years, or imprisonment with or without prison labor for life, or imprisonment with or without prison labor for more than ten years in the first instance trial proceedings, if it is impossible to confirm the whereabouts of the accused even after a report on the failure to serve on the accused was received, the service on the accused shall be made by means of public notice.
In this context, the six-month period is the minimum period set for protecting the defendant's right to trial and the defendant's right to defense. Thus, it is not allowed for the first instance court to render a judgment without the defendant's statement by serving public notice even after six months have not passed since the date of receipt of the report on the failure to serve on the defendant (see, e.g., Supreme Court Decisions 2012Do3300, Apr. 26, 2012; 2015Do9572, Dec. 10, 2015).
A. The Defendant, at the first instance trial, served with the copy of the indictment and a writ of summons of the trial date on June 7, 2013, at the Seoul Gangnam-gu apartment 2, Dong 304 (hereinafter “Defendant’s domicile”), which is the address indicated in the indictment, through all GC, and was present until the 13th public trial held on June 7, 2013.
B. As the Defendant was not present on the 14th trial date opened on July 5, 2013, the first instance court served a writ of summons on the Defendant’s domicile, and received it by each Section GC, but the Defendant did not appear on the 15th trial date opened on August 16, 2013.
(c)
Accordingly, the first instance court shall follow the date of the next trial.