특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
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 apply to cases falling under capital punishment or imprisonment with or without prison labor for life exceeding ten years, or imprisonment with or without prison labor for more than ten years in the trial of the first instance, if the location of the defendant is not verified until six months have passed since his/her report on the impossibility of service was received, even though it was entrusted with the investigation of materials, issued a detention warrant, or other necessary measures, the service on the defendant shall be made by means of public notice, and if the defendant fails to appear after being summoned on two or more occasions by means of service by public notice
According to the records of this case, the defendant did not appear again on September 18, 2014, the Suwon District Court's Ansan Branch 2014 High Order 1017 High Order, and the defendant's writ of summons was not served on July 22, 2014. The defendant did not appear on August 28, 2014, which was the date of the first public trial and was notified, and the defendant did not appear on August 28, 2014, which was served on the defendant's mother's mother at his domicile on September 2, 2014, but did not appear again on September 18, 2014, which was served on the defendant's mother's mother, and the court of original judgment attempted to make a telephone call on September 17, 2014, but did not request the head of the police station having jurisdiction over the defendant's domicile to return the defendant's writ of summons to the defendant's head of the police station on September 13, 2014.