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(영문) 서울중앙지방법원 2013.11.22 2013노429
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present location of the defendant is unknown, service by public notice may be made, and if the defendant's whereabouts are not the case falling under death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the first instance trial, Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., if the defendant's whereabouts are not verified by the request of investigation, issuance of a detention warrant, or other necessary measures, even though the defendant's whereabouts are not confirmed by the lapse of six months from the date of receipt of the report on impossibility of service to the defendant, service by public notice shall be made by public notice. If the defendant's house number, cell phone number, or cell phone number, etc. appears in the record, service by public notice shall be made immediately without taking such measures, in violation of Article 63(1) and Article 23 of the Act

(Supreme Court Decision 201Do1094 Decided May 13, 201, etc.). According to the records of this case, the court below sent a writ of summons to the address (Seoul Gwanak-gu) recorded in the indictment that was not present from the second trial date after the Defendant appeared to be unable to serve, but the call was made to the mobile phone (U) of the Defendant, but the call was suspended due to the Defendant’s mobile phone, and again served the Defendant’s writ of summons to the corrected address (Seoul Gwanak-gu V) after ordering the prosecutor to correct his address, which also became impossible to serve, and the court below also sent a telephone phone number (W) recorded in the indictment but confirmed by another person’s telephone and requested the detection of the location to the address and the corrected address as stated in the above indictment.

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