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(영문) 창원지방법원 2013.05.16 2012노1687

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the defendant was guilty of the facts charged in this case, and the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment, although he merely suffered bodily injury by putting his head from the victim B at a price, and did not assault the victim.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the judgment on the grounds of appeal by the defendant's ex officio, where the location of the defendant is not verified even though the defendant took necessary measures to identify the location of the defendant, service by public notice shall be made. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the domicile, office, or present location of the defendant is unknown. Thus, in a case where other contact numbers of the defendant appear in the record, service by public notice shall be made by contact with the defendant, and service by public notice shall not be permitted immediately without taking such measures and rendering a judgment without the defendant's statement (see, e.g., Supreme Court Decision 201Do6762, Jul. 28, 2011).

Therefore, the judgment of the court below did not meet the requirements of service by publication.