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(영문) 부산지방법원 2017.12.22 2016노4123
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. According to the provisions of Article 19(2) of the Rules on Special Cases Concerning Promotion, etc. of Discretionary Judgment Proceedings, even in cases where summons of the defendant against the defendant in the trial proceedings of the first instance is being served by public notice, it is required that the defendant summoned by public notice service for a trial without the defendant's statement is absent at least twice.

Therefore, where the defendant who was summoned by means of public notice was absent, he/she may proceed with the trial proceedings under the absence of the defendant, only after he/she has been absent on the designated date by means of serving public notice again (see Supreme Court Decision 201Do1094, May 13, 201). According to the records, the court below sent the main copy of the indictment and a writ of summons of public trial on the date of public trial on the 20th public trial, the defendant's absence on the 10th public trial (the 6th public trial which was designated by the court below) on the 16th public trial without the public trial (the 16th public trial without the defendant's absence on the 16th public trial, and the 16th public trial which was designated by the court below on the 16th public trial (the 16th public trial which was designated by the court below on the 20th public trial).

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