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(영문) 의정부지방법원 2020.09.10 2020노1498

재물손괴등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. Article 63(1) of the Criminal Procedure Act provides that a service by public notice may be made only when the dwelling, office, or present address of a defendant is unknown. Thus, in a case where other contact numbers, etc. of a defendant appear on the records, an attempt should be made to confirm the place of service by contact with the contact address and to look at the place of service, etc.

(See Supreme Court Decision 201Do6762 Decided July 28, 2011 (see, e.g., Supreme Court Decision 2011Do6762, Jul. 28, 201). According to the record, the lower court determined that the Defendant’s residence, office, and present address cannot be known without the Defendant’s statement, and that the judgment was rendered after the Defendant rendered a decision to serve a public notice on the Defendant by publication and without the Defendant’s statement.

The above decision of the court below is in violation of Article 63 (1) of the Criminal Procedure Act, and there is an error of law that affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【The reasons for the judgment of the court below 【The facts constituting the crime and the summary of the evidence admitted by the court 】 The summary of the facts constituting the crime and the summary of the evidence are examined in the summary of the evidence of the court below.