컴퓨터등사용사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, ① Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Transmission of Lawsuit, and Articles 18(2) and (3) and 19(1) of the Rules on Special Cases Concerning Promotion, etc. of Litigation provide that service on the defendant shall be made by serving public notice when the location of the defendant is not confirmed even though the defendant took necessary measures to confirm the location of the defendant. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by serving public notice only when the dwelling, office, or present location of the defendant cannot be known.
Therefore, if other dwelling places of the defendant appear on the record, it should be viewed that the attempt to regard a writ of summons as the address is made, and it is not allowed to serve the summons by the method of service of public notice immediately without taking such measures (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 201). Accordingly, according to the records, the defendant stated his dwelling in the investigation procedure as “Ulsan-guJJ” (the 107th page of evidence record) and tried to send a writ of summons to the above address of the defendant, or request the investigation of materials, etc. (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007).
The court below's decision that the defendant's location is not confirmed without such measures is delivered by public disclosure immediately and without the defendant's statement is in violation of the special rules on special cases concerning the promotion of litigation, etc. and the promotion of litigation, etc., and the litigation procedure is unlawful. ② In addition, the prosecutor changed the facts charged to the following "criminal facts".