logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.19 2017노2903
야간건조물침입절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Judgment Proceedings; Articles 18(2) and (3) and 19(1) of the Rules on Special Cases concerning the Promotion, etc. of Lawsuits, when the location of the defendant is not verified even though the defendant took necessary measures to identify the location of the defendant, service on the defendant shall be made by means of serving public notice. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by serving public notice only when the dwelling, office, or present location of the defendant is unknown.

Since other contact numbers of the defendant appear in the record, it should be viewed that the attempt is made to identify the place where the defendant will receive the service by contact with the contact address and to identify the place where the defendant will receive the service by means of public disclosure immediately without such contact address (see Supreme Court Decision 2011Do6762, Jul. 28, 201). According to the records, the court below attempted to confirm the place where the defendant will receive service by communicating with the above phone numbers of the defendant and the defendant's mobile phone numbers from the suspect interrogation protocol of the defendant, on the ground that the "I" was stated in the suspect interrogation protocol of the defendant with the cell phone numbers of the defendant and the defendant's cell phone numbers.

the defendant's location is not confirmed without taking such measures.

decently, the service by the method of public notice was made and the judgment was made without the defendant's statement.

Such a measure of the lower court is unlawful because it violates the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and the special rules on the promotion of legal proceedings.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is justified on the defendant's ground of reversal of authority as above.

arrow