상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of the grounds for appeal - The sentence of imprisonment (eight months) by the lower court is too minor.
2. Ex officio determination
A. According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, or present address of a defendant is unknown, service by public notice may be made. Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Special Rules Concerning Promotion, etc. of Legal Proceedings do not correspond to death penalty, imprisonment with or without prison labor exceeding ten years, or imprisonment with or without prison labor, for the purpose of ascertaining the location of the defendant, if it is impossible to confirm the location of the defendant even after the request for investigation of location, issuance of a detention warrant, or other necessary measures was taken in the trial of the court of first instance, service by public notice for the defendant
In this context, the six-month period is the minimum period established for the protection of the defendant's right to trial and the right to attack and defense. As such, it is not allowed for the first instance court to judge without the defendant's statement by serving public notice even after six months have not passed since the receipt of the report on the failure to serve on the defendant (see Supreme Court Decision 2016Do3467, Jul. 14, 2016). Meanwhile, a report on the impossibility of detection of location sent by the chief of the police station having jurisdiction over the defendant's domicile, etc. following the court's request for the detection of location is confirmed by the police officer's direct visit to the defendant's address and search for residents or neighboring residents, so it is possible to confirm the defendant's whereabouts more accurately than the report on failure to serve, and thus, it
Therefore, the receipt of a report on detection of location can be seen as the “ receipt of a report on impossibility of delivery” under Article 23 of the Act on Special Cases concerning the Promotion, etc.
Supreme Court Decision 2015Do9572 Decided December 10, 2015