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(영문) 대구지방법원 2013.09.06 2013노1219

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Ex officio determination: (a) under Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of a defendant is unknown, service by public notice may be made; and (b) Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings provide that in the trial of the court of first instance, if the whereabouts of the defendant is not confirmed within six months after receipt of a report on the failure to serve on the defendant, even though the investigation of location, commission of arrest, issuance of arrest warrants, or other necessary measures were taken in order to verify the whereabouts of the defendant, service by public notice is not made.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(2) On May 13, 201, the lower court determined that: (a) although the police and the interrogation protocol of the prosecution against the Defendant was written by BJ using the Defendant’s home phone number to BF, the Defendant’s father (BG) mobile phone number to BH and the Defendant’s birth (BI); (b) the lower court did not contact the Defendant as the above phone number and ordered the Defendant to serve the service by public notice on November 12, 201; and (c) the Defendant did not appear in his/her presence and sentenced the judgment after the trial date.