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(영문) 의정부지방법원 2021.01.15 2020노2684

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

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

According to the records, ① the defendant was absent on May 17, 2019 after he/she received the duplicate of the indictment at the original court on March 14, 2019 and was present on the date of the public trial on May 21, 2019, ② the original court designated the date of sentence on July 12, 2019, but was not served with the summons of the defendant on August 14, 2019, but was served on the date of summons of the defendant on July 16, 2019, but the defendant was absent on the date of the above pronouncement, and was served on August 20, 2019 on August 22, 201, and was served on August 20, 201 on the date of appeal of the defendant on which the summons was served on August 22, 2019, but the court below announced that the defendant was absent on the date of appeal of the defendant on August 21, 2019 and notified publicly on August 29, 2019.

According to Article 63(1) of the Criminal Procedure Act, the notice service on the accused may be made only when it is impossible to identify the dwelling, office and present position of the accused.

If the defendant's office telephone number or mobile phone number appears on the record, it should be viewed as an attempt to confirm the place to be served with the phone number, and it should be promptly served by means of public disclosure without taking such measures.