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(영문) 전주지방법원 2014.11.21 2014노1023

건조물침입

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. According to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, when the location of the defendant is not verified within six months from the date of receipt of the report on the failure to serve the defendant, even though the defendant was requested to investigate his/her whereabouts, issued a warrant of arrest, or taken other necessary measures in the trial of the court of first instance, in cases where the defendant's whereabouts are not a case corresponding to death penalty, life imprisonment, or imprisonment with or without labor exceeding ten years long-term, in order to confirm the location of the defendant, the service on the defendant

However, according to the records of this case, the court below served a duplicate of the indictment on January 8, 2014; however, the service was impossible due to the absence of each closure on January 9, 2014; and on January 10, 2014, where six months have not passed since the report was received at that time, ordered the service of the defendant by public notice; and served the defendant with a copy of the indictment and a writ of summons of the trial date, etc. on June 3, 2014; on July 29, 2014, the defendant did not appear even after being summoned on two or more occasions; thus, it can be recognized that the court below’s decision by public notice was unlawful; and the court below’s decision by public notice was also unlawful and it was based on such order.

Since the judgment of the court below can no longer be maintained.

3. In conclusion, the court below's decision has a ground for ex officio reversal.