Defendant

Defendant

Changwon District Court Order 2005 Ma4 dated January 31, 2005

The order of the court below regarding the instant case shall be revoked.

The appellant's right to claim formal trial against the appellant with respect to the summary order of the fraudulent case (case number omitted) in the Changwon District Court 2004 High-Tech (case number omitted) shall be restored.

1. The appellant's assertion;

The appellant asserts that the order of the court below that dismissed the appellant's claim for the recovery of the formal trial claim on the ground that the appellant's claim for the recovery of the formal trial claim is unlawful, since the appellant did not have been examined by the prosecutor's office, and the above summary order was served at the Changwon District Court close support (hereinafter "the court below"), and the appellant was not served with the above summary order since he was engaged in labor in the other party's direction, and became aware of the above summary order was served after being detained in the Busan Detention House.

2. Determination

According to the records, the court below rendered a summary order ordering the appellant to a fine of 1,00,000 won on August 19, 2004 (Case Number omitted) against the appellant, and served the appellant on September 6, 2004 on the ground that the above summary order was not served on the appellant on the ground that the addressee was unknown, and served on the appellant on September 6, 2004. The appellant becomes aware that the above summary order was served by public notice after being detained in the Busan detention center. According to the above facts, according to the above facts, at the time when the court served public notice by public notice by public notice by public notice by the court, the appellant was absent from the previous place of residence on the ground that the appellant was supported by his livelihood, but the court below went to serve public notice immediately without taking procedures such as detecting the whereabouts of the appellant, and due to this, the appellant's delivery by public notice by public notice by public notice by public notice by public notice by public notice by public notice by public notice by public notice by public notice by the appellant is reasonable and reasonable.

3. Conclusion

Therefore, pursuant to Article 414(2) of the Criminal Procedure Act, the order of the court below as to the instant case shall be revoked, and it shall be decided as per the order by restoring the appellant’s right to request formal trial regarding the said summary order.

Judges Park Jong-tae (Presiding Judge)