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(영문) 광주지방법원 2015.05.12 2015노502
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seizure of articles 1 through 1.

Reasons

1. The punishment of the lower court (two years of imprisonment, confiscation, and collection) that is too unlimited to the point of reasons for appeal;

2. Ex officio determination

A. According to Article 63(1) of the Illegal Criminal Procedure Act by public notice, when the dwelling, office, or present address of a defendant is unknown, service by public notice may be made. Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings do not correspond to death penalty, imprisonment with or without prison labor for more than ten years in the first instance trial to identify the location of the defendant, if the location of the defendant was not verified by the request for investigation, issuance of a detention warrant, or other necessary measures, even though such report was received by public notice, the service for the defendant shall be made by public notice.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(See Supreme Court Decision 201Do1094 Decided May 13, 2011). Before determining the grounds for appeal by the defendant, the court below ex officio examined the reasoning for appeal by the defendant. According to the records, the judgment below did not request the defendant to detect the address, etc. stated in the medical opinion of the defendant and the defendant's mother, AO's certificate of hospitalization, etc. and served the defendant by means of service by public notice. The judgment below is unlawful on the ground that the litigation procedure is in violation of the law and the judgment affected the conclusion of the judgment.

(b)the calculation of a surcharge.

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