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(영문) 대전지방법원 2015.01.28 2014노2222

야간건조물침입절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below is too unfased and unreasonable.

According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown prior to the judgment on the ground for appeal ex officio, service by public notice may be made if it is difficult to identify the dwelling, office, or present address of the defendant, and Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Article 19(1) of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings, service by public notice shall be made only when the defendant's location is not confirmed until six months have passed since the receipt of the report, although the defendant's location was necessary to confirm the location of the defendant, and in light of the above six-month period, the "when the service impossible report was received" which is the starting point for the defendant's right to trial and protection of right to attack and defense is strictly interpreted (see, e.g., Supreme Court Decision 2003Do4983, Nov. 14, 2003).

In addition, even if a report on the failure to serve on the accused was received, if the whereabouts of the accused is confirmed after the confirmation of the whereabouts of the accused, the service of the accused may be made by means of public notice when the whereabouts of the accused are not confirmed, even though necessary measures were taken to confirm the whereabouts of the accused after six months have passed since the receipt of the report.

I would like to say.

According to the records, the Defendant served a copy, etc. of the indictment on December 27, 2013, and appeared on February 6, 2014 on the first day of the original trial on March 6, 2014, but was absent on the second day of the original trial on March 6, 2014, and on March 25, 2014, on the third day of the original trial on March 27, 2014, and the lower court was the Defendant on March 27, 2014.