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(영문) 서울서부지방법원 2018.11.22 2018노1150
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. According to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings (hereinafter “Special Rules”), Article 19(1) of the Rules on the Promotion, etc. of Lawsuits (hereinafter “Special Rules”), the lower court should strictly interpret the term “when the service impossibility report is received”, which serves as the starting point for the defendant’s right to trial and defense, on the ground that the service impossibility report is set at least six months after the receipt of the report by the defendant, although it was taken necessary to confirm the whereabouts of the defendant, the service impossibility report by the defendant was made only when the whereabouts of the defendant is not confirmed. However, the lower court, based on the following facts: (a) the service impossibility report by the defendant on October 14, 203; and (b) the Defendant’s remaining address on October 16, 2014, which became impossible to serve on the date of public trial, on the ground that the Defendant’s report on the detection of the address of the defendant, which was received by the defendant on October 28, 2017.

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