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(영문) 광주지방법원 2013.04.24 2012노2253
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

Imprisonment with prison labor for the crime No. 2 and No. 3 of the judgment of the defendant as to the crime No. 1.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the 2-year suspended sentence against the 1st crime in the form of imprisonment with prison labor for 4 months, the 2-year suspended sentence against the 1st sentence, and the 600,000 won in the form of imprisonment for the 2-month suspended sentence and the

2. Before determining the grounds for appeal by the prosecutor, the judgment of the court below can no longer be maintained as there are grounds for ex officio reversal as follows.

According to Article 63(1) of the Criminal Procedure Act, if the whereabouts of the defendant is not known, service by public notice may be made if the whereabouts of the defendant is unknown. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 of the Decree on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not violate Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18 and Article 19 of the Decree on Special Cases Concerning the Promotion, etc. of Legal Proceedings, if the whereabouts of the defendant is not confirmed at the expiration of six months from the date of receipt of the report on the impossibility of service by public notice after contact the above telephone number or cell phone number of the defendant, service by public notice shall not be permitted immediately without taking such measures.

(See Supreme Court Decision 201Do1094 Decided May 13, 2011, etc.). However, the lower court revised the Defendant’s summons by ordering the correction of address to the prosecutor, inasmuch as the Defendant’s cell phone number (O) recorded in the indictment and the Defendant’s cell phone number (P) obtained from the victim G was impossible to be served due to the addressee’s unknown whereabouts and address unknown, etc.

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