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(영문) 수원지방법원 2017.05.24 2017노1800
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. According to Article 63(1) of the Criminal Procedure Act ex officio determination, if the dwelling, office, or present whereabouts of the defendant is unknown, public notice may be served. Articles 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that if the defendant's whereabouts are not identified as death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the trial of the first instance, a request for investigation into the location, issuance of a head of compulsory appearance, or other necessary measures to confirm the defendant's whereabouts, the service on the defendant shall be served by means of service of public notice if the defendant's whereabouts are not confirmed within six months from the time of receipt of the report.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, the attempt should be made to confirm and regard the place to be served with the above telephone number, and the delivery by the method of public disclosure immediately without taking such measures is not permitted as it violates Article 63 (1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Supreme Court Decision 201Do1094 Decided May 13, 201). According to the records, the court below decided to publicly notify the documents of the lawsuit against the defendant and ordered the defendant to be served by public announcement and did not appear on the date of the fifth and fifth public trial without the defendant's statement and did not appear on the date of the fifth public trial, and the judgment was made on the fifth public trial date without the defendant's statement, while the defendant's contact address is entered in the police suspect interrogation protocol (Evidence 2-120 page 120 of the evidence record submitted on the fifth public trial date of the court below as the defendant's relative P, the defendant's contact name.

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