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(영문) 광주지방법원 2014.01.22 2013노2537
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Enforcement Rule of the same Act provide that service by public notice shall be made in cases where the location of the defendant is not confirmed even though the defendant took necessary measures to confirm the location of the defendant, prior to the judgment on the grounds for appeal by the defendant. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the domicile, office, or present location of the defendant is unknown. Thus, in cases where other addresses, contact address, etc. of the defendant appear in the record, service by public notice shall be made by detecting the location of the defendant at that address, and service by public notice shall not be permitted immediately without taking such measures.

According to the records, the court below sent a writ of summons of the defendant to "Seong-gun Q, Jeonnam-gun," which is the address as stated in the indictment, but the service was impossible after ordering the prosecutor to correct the address, and then sent the writ of summons to the defendant on October 26, 2012, which is the corrected address, and served on the defendant on October 26, 2012. However, the defendant was not present on the sixth public trial day of the court below held on November 8, 2012, and the court below did not appear at the court on the first public trial day of the court below held on November 8, 2012, but again sent the writ of summons to the corrected address, but the service was impossible due to the absence of a written notice, and the court below decided

In full view of the above facts of recognition, the defendant received a writ of summons at the above new address, and the defendant thereafter.

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