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(영문) 서울중앙지방법원 2016.06.02 2015노5006
사기
Text

All the judgment below is reversed.

The defendant is sentenced to 10 months of imprisonment with prison labor for the crime No. 1-A and No. 2 of the decision of the court below.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unreasonable (one year and two months of imprisonment with prison labor for crimes and crimes No. 1-B of the decision of the court below, and four months of imprisonment with prison labor for crimes).

2. According to Article 63(1) of the Criminal Procedure Act of the Discretionary Judgment of the Republic of Korea, when the whereabouts of the accused are unknown, a public notice may be served. Articles 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 provide that if the whereabouts of the accused are not known at least six months after receipt of a report on failure to serve on the accused, a public notice may be served on him/her by means of public notice, unless the case falls under capital punishment or imprisonment with or without labor for life, or imprisonment with or without labor for more than ten years, or imprisonment with or without labor, for the purpose of identifying the whereabouts of the accused.

Therefore, it is not permissible to take such measures as above to confirm the location of the defendant, or to render a judgment without the defendant's statement without taking such measures as confirming the place to contact with the defendant on the record and seeing the place to receive the service by public disclosure immediately (see, e.g., Supreme Court Decision 2014Do5642, Jul. 10, 2014). According to the records, the court below, without requiring the prosecutor to correct the address of the defendant although the defendant sent a writ of summons to the defendant's address but without being served due to the addressee's unknown address or the absence of a closed door, or without taking any other measures such as requesting a separate investigation and special delivery, immediately without requesting the prosecutor to correct his/her address or requesting a separate report, and immediately notifying the defendant of the date of service on June 19, 2015 by the method of service by public announcement, and then closing the pleadings in the

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