(영문) 부산지방법원 2018.10.19 2018노2942 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.10.19 2018노2942

특수절도

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio before determining the grounds for appeal by the defendant's ex officio, where the location of the defendant is not verified even though the defendant took necessary measures to confirm the location of the defendant, the service on the defendant shall be made by serving public notice. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by serving public notice only when the dwelling, office, or present whereabouts of the defendant is unknown.

Therefore, in the event that other dwelling places, contact numbers, etc. of the defendant appear on the record, an attempt should be made to send a writ of summons to such address or to confirm the place where service is to be made by contact with contact points, and it is not allowed to promptly serve a summons by the method of service of public disclosure and to render a judgment without the defendant's statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). The instant indictment contains a mobile phone number (N) of the defendant, and the court below tried to confirm the place where service is to be made by contact with the aforementioned mobile phone number in making a decision on service of public disclosure.

The court below's decision that the defendant's location is not confirmed without such measures is delivered by public disclosure immediately and decided without the defendant's statement is in violation of the special rules on special cases concerning the promotion of litigation, etc. and the promotion of litigation, etc., and the litigation procedure is unlawful. In this regard, the part of the judgment of the court below against the defendant cannot be maintained further.

3. Accordingly, the judgment of the court below against the defendant.

참조판례

-대법원 2007. 7. 12. 선고 2006도3892 판결

-대법원 2011. 7. 28. 선고 2011도6762 판결

유사 판례

-대구지방법원 2017.01.18 2016노4743

-부산지방법원 2017.11.10 2017노1186

-부산지방법원 2018.03.23 2017노4129

-대구지방법원 2017.02.15 2015노2758

-수원지방법원 2018.03.30 2017노6005