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(영문) 창원지방법원 2015.03.19 2015노171

야간주거침입절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. According to Article 19(2) of the Rules on Special Cases concerning the Promotion, etc. of Ex officio Proceedings, even in a case where summons of the defendant against the defendant in the trial proceedings of the first instance is made by public notice, the court is required to have the defendant summoned by public notice for the trial without the defendant's statement not to be present at least twice.

Therefore, in a case where a defendant who was summoned by public notice was absent, the trial proceedings may proceed in the absence of the defendant, only when the defendant had been absent by public notice after re-determination of the defendant by public notice.

(2) In light of the above legal principles, the court below's decision on May 13, 201 (see, e.g., Supreme Court Decision 2011Do1094, May 13, 201). According to the records, the court below sent a copy of the indictment to the defendant's residence as stated in the indictment but was not delivered as a closed door absence. After the prosecutor revised the defendant's address and then sent a copy of the indictment again to the court below, but was not sent as a closed door absence. The court below asked the defendant to find the location of the defendant as of July 22, 2014. The court below asked the head of the management office to the defendant's address and ask the head of the management office to the defendant as of August 13, 2014, which was submitted to the court below on the charge of detection of the defendant's location. The court below stated that "the defendant's father, the father of the defendant, was unable to Y (Z)" and stated that the phone number of the defendant was not connected to the defendant.