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(영문) 전주지방법원 2016.01.29 2015노614

특수절도등

Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to Article 63(1) of the Criminal Procedure Act, if the whereabouts of the accused are unknown, public notice may be given when the whereabouts of the accused are unknown. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to death penalty, imprisonment with or without prison labor for an indefinite term or for an indefinite term exceeding ten years, or imprisonment with or without prison labor for more than ten years at the trial of the first instance, if the whereabouts of the accused is not confirmed by the method of service of public notice, notwithstanding the commission of investigation, issuance of arrest heads, or other necessary measures to verify the whereabouts of the accused.

Therefore, in the event the Defendant’s office telephone number or mobile phone number appears on the record, the attempt should be made to confirm and regard the place to be served with the above phone number, and the delivery by the method of public disclosure immediately without taking such measures is not permitted as it violates Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do1094, May 13, 2011). According to the records, the lower court did not notify the Defendant of each indictment sent to the “PP at the Gunsan City” as the Defendant’s residence, and it did not identify the address of each of the above Defendant, including a duplicate of the indictment sent to the “R” after the prosecutor’s correction, and thus, did not identify the address of each of the above Defendant.