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(영문) 서울중앙지방법원 2016.06.03 2016노742

부정수표단속법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The punishment of one deliberation (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Enforcement Rule of the same Act provide that, if the location of the defendant is not confirmed even though he/she took necessary measures to confirm the location of the defendant, service of the defendant shall be made by means of public notice after six months from the date on which the report on the impossibility of service was received, and Article 63(1) of the Criminal Procedure Act provides that, prior to the judgment on the grounds of appeal by the defendant ex officio, service of public notice shall be made only when the domicile, office, or present location of the defendant is unknown.

As such, in a case where the actual dwelling place, work place, house phone number, mobile phone number, etc. of the accused appears on the record, an attempt shall be made to deliver them to such actual dwelling place, etc., or to identify the place to be served by contact with telephone numbers, etc., and to serve them by means of public notice and to make a judgment without the statement of the accused is not allowed without taking such measures (see Supreme Court Decision 201Do662, Jul. 28, 201, etc.). According to the record, the court of the first instance, prior to rendering a decision to serve public notice on September 1, 2015, sent them to the address of the accused (Ycheon City G) and the workplace telephone (H), etc. or attempted to contact with the accused, etc. on the evidence record.

In light of the above legal principles, the first instance court's decision on delivery of such publication and its service are unlawful, and thus, the judgment affected the conclusion of the judgment by violating the law on litigation procedures. In light of the above legal principles, the first instance court's decision on delivery of such publication and its service are unlawful.