(영문) 부산지방법원 2016.11.03 2016노576 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 부산지방법원 2016.11.03 2016노576

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

Reasons

1. The sentence of a fine of two million won imposed by the original judgment on the summary of the grounds for appeal is too unfased and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

According to Article 63(1) of the Criminal Procedure Act, service by public notice to the accused can be made only when the dwelling, office, or present address of the accused is unknown in the criminal proceedings. According to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19(1) of the Enforcement Rule thereof, the service by public notice to the accused shall be made only when the location of the accused is not confirmed after six months have passed since the receipt of the report on the impossibility of service to the accused.

According to the records, the court below, after receiving a report on the failure to serve on the defendant on January 11, 2015, attempted to call the telephone number of the defendant as stated in the indictment, and took measures such as requesting the detection of the location of the defendant's resident registration place, issuing a warrant of detention, and requesting the distribution of the name of the defendant. On November 24, 2015, six months after the receipt of the above report, the court below decided service by public notice against the defendant on November 24, 2015, and concluded the pleadings after the defendant was absent from the defendant pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of the 6th trial date which was the seventh trial date, and on January 21, 2016, when the defendant was absent, the court below sentenced the defendant to a fine of two million won.

However, according to the records, the protocol of interrogation of the accused by the prosecution is written as "F building 501, F building 501, the defendant's actual place of residence is not the above registered domicile," and the telephone number of the defendant, other than the defendant's telephone number, and the police investigation report

참조조문

-소송촉진 등에 관한 특례법 제23조

-형사소송법 제63조 제1항

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