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(영문) 대구지방법원 2014.07.17 2014노1242
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. In light of the fact that the degree of the defendant's participation in the crime is low, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

2. Even if it is impossible to serve a written notification of the receipt of trial records and a writ of summons, etc. sent to the address on resident registration of ex officio, it is difficult to readily conclude that the requirement of service by public notice is the case where the dwelling, office, or present address of the defendant is unknown. In the event that service of documents is impossible, the service of documents should have been attempted to find a place where the defendant could receive service, such as service at the place where the defendant actually resided in the record prior to the order of service by public notice, or confirmation by telephone, etc., but no measures are taken, and the service by public notice is conducted by concluding that the dwelling, office, or present address of the defendant cannot be known and without the defendant’s statement was served by public notice,

(Supreme Court Decision 97Do1371 delivered on September 26, 1997). According to the records of this case, the court of original judgment is recognized that the defendant was absent on two consecutive occasions at the trial date due to service by public notice, and the defendant was not present at the trial date under Article 365 of the Criminal Procedure Act, and the defendant was not present at the trial date, and the defendant was not present at the trial date, and the defendant was not present at the trial date in accordance with the order to correct his address and the copy of the indictment and a writ of summons, etc. were served to the defendant's resident registration address as corrected by the prosecutor following the order to correct his address, but all of the documents were impossible to be served, and his residence was requested as a result of the detection of location regarding each of his residence and domicile.

However, it is also.

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