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(영문) 인천지방법원 2015.11.06 2015노3220

폭력행위등처벌에관한법률위반(공동상해)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had alcohol dependence at the time of committing the instant crime, and was under the influence of alcohol, and was in a state of mental disorder.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant 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 whereabouts of the defendant is confirmed by the lapse of six months from the date of receipt of the report on the 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 in order to identify the whereabouts of the defendant. Article 63 (1) of the Criminal Procedure Act provides that service by public notice may be made if the dwelling, office, or present location of the defendant cannot be known. Thus, without taking such measures,

(Supreme Court Decision 201Do1094 Decided May 13, 2011). According to the records, the defendant appeared at the court below's first and second court's trial dates and did not appear from the third trial date. The court below sent a writ of summons to the defendant's domicile on January 29, 2015, but requested the detection of the defendant's domicile on March 13, 2015, although the defendant was sent a writ of summons to his/her domicile on his/her resident registration on January 29, 2015, but was not served due to the addressee's unknown whereabouts on February 3, 2015. The Incheon Samsan Police Station sent the response for detection of location that the defendant was unable to identify his/her whereabouts on May 20, 2015, and thereafter, the court below ordered the prosecutor to correct his/her address on May 22, 2015.