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(영문) 서울중앙지방법원 2014.11.28 2014노3583
권리행사방해
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the first instance court is too unreasonable;

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Articles 18(2) and (3) and 19(1) of the Enforcement Rule of the same Act provide that service by public notice shall be made to the defendant if the whereabouts 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 ex officio. According to Article 63(1) of the Criminal Procedure Act, service by public notice to the defendant may be made only when the dwelling, office, or present location of the defendant is unknown in the criminal proceedings. In the event the defendant's telephone number or portable phone number, etc. appear in the record, service by public notice shall be made by public notice immediately without taking such measures, and service by public notice without the defendant's statement shall be made in violation of Articles 63(1) and 365 of the Criminal Procedure Act, and service by public notice to the defendant's cell phone number or cell phone number on the ground that the defendant's cell phone number or cell phone number of the defendant was not known.

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