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(영문) 수원지방법원 2011.10.27 2011노1406

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of the Prosecutor’s Grounds for Appeal is that the lower court’s imprisonment (eight months) is too minor.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Decree on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the first instance trial, if the location of the defendant is not confirmed at the expiration of six months after receipt of the report on the impossibility of service of the defendant, the service of the defendant shall be made by public notice.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have tried to confirm and regard the place where service is to be made by contact with the above telephone number and to promptly serve by public notice without taking such measures (Supreme Court Decision 201Do1094 Decided May 13, 201). According to the records, the court below ordered the defendant not to serve a writ of summons against the defendant, but did not have a telephone call with the defendant on August 25, 2009, but did not have a telephone call. The court below ordered the defendant to find the location of the defendant. On September 28, 2009, the court below received a request for detection of the location of the defendant's residence without residing in his/her domicile, and it is difficult to grasp the location of the defendant's resident registration as it was cancelled, and the court below received a request for detection of location as a result of cancellation of his/her resident registration with a telephone number other than the defendant on April 2, 2010 (K).