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(영문) 대전지방법원 2017.10.19 2017노2528
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal, pursuant to Articles 63(1) and 64(1) of the Criminal Procedure Act and Article 43 of the Rules on Criminal Procedure, the court has a reason for serving public notice as the defendant's dwelling, office, and present position on the grounds for appeal on its own authority.

Inasmuch as service by official decision can be conducted only when it is recognized that other contact points of the defendant appear on the record, such attempt should be deemed to have been made to confirm the place where the defendant will contact with his contact points and to view them, and it is not allowed to promptly serve documents by means of public notice and make a judgment without the defendant's statement (see Supreme Court Decision 2015Do2036, Mar. 24, 2016, etc.). (b) According to the records of this case, the defendant was investigated by the police station on March 29, 2016 in relation to the fraud case, and his residence was examined as "V, V, and 3 underground," and his cell phone number at the police station or his cell phone number at the above 2016 Gonam-gu Office to verify the defendant's dwelling address at the police station, and the defendant's dwelling address at the police station or the above 201Mo2616, Apr. 26, 2016.

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