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(영문) 대구지방법원 2013.04.19 2013노304

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is excessively unreasonable.

2. Ex officio determination

A. According to the records, the court of the original judgment ex officio: ① served a copy of the indictment and the summons of the defendant on November 22, 201 and received them by H, the Defendant’s wife, “former L apartment operation 709”; ② the defendant was not present on the first and second trial dates; the court of the original judgment issued a warrant of detention to the defendant; but the defendant was not present on the third trial date; the warrant of detention was returned on the ground that “the Defendant’s wife H, the Defendant residing at the above address, and H, the Defendant stated that he did not contact with his present residence or contact point after leaving his house to punish money around 2010, and the Defendant did not appear on the fourth trial date; ③ the court of the original judgment entrusted the Defendant with detection of his address on November 22, 201, and on December 9, 2011, the court of the original judgment did not appear on the Defendant’s cell phone number or contact number by public notice; ⑤ The court of the lower judgment did not present the Defendant’s cell phone number or contact number 20.”

B. As above, it cannot be said that the service by means of service by public notice was conducted without communicating the above No. 133 with the phone number stated in the lower court’s records and without confirming the place where service is to be made by public notice.

Therefore, this is applicable.