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(영문) 대법원 2013.04.11 2013도1079

사기

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, or present address of a defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, Article 18(2) and (3), and Article 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., is not applicable to death penalty or imprisonment with or without prison labor exceeding ten years in the first instance, but it is impossible to confirm the location of the defendant even though he/she received necessary measures to confirm the location of the defendant, if it is impossible to confirm the location of the defendant even after six months have passed since the receipt of the report on the failure to serve on the defendant, service by public notice shall be conducted by the defendant, and if the defendant fails to appear after being summoned

Meanwhile, according to Article 365 of the Criminal Procedure Act, when a defendant does not appear in the court on the court date, the new date shall be fixed, and when the defendant fails to appear in the court on the new date without justifiable grounds, a judgment may be rendered without the statement

According to the records, the first instance court ordered the defendant to serve a summons of the trial date on the domicile of the defendant who was corrected by the prosecutor after the completion of the trial after the completion of the pleadings while the defendant was present, but the service of the writ of summons of the trial date is impossible due to the addressee's unknownness. The defendant's cell phone, etc. was not made until six months have passed since the receipt of the report of impossibility of service, and the defendant's location was not confirmed due to the result of the request for detection of location to the chief of the competent police station, etc., and thus the service of the defendant was not confirmed.