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(영문) 수원지방법원 2014.09.25 2013노4316
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant, ex officio, did not state the grounds for appeal in the petition of appeal, and otherwise did not submit the grounds for appeal.

The judgment of the court below shall not be maintained for the following reasons:

In cases where the service of documents becomes impossible, it shall be deemed that the defendant tried to find a place where the defendant can receive service, such as serving documents on the actual place of residence recorded in the record prior to the decision of service by public notice, or confirming by telephone, etc., and it is unlawful to render a judgment without the defendant's statement without taking such measures.

(2) According to the records, the defendant's address was written in U as the contact address of the defendant, and the court below attempted to contact with the above phone number before making a decision of service by public notice, but the contact address of the defendant was turned out by contact address of the defendant. On the other hand, the court below should have taken measures to identify the location of the defendant, such as contact with the above phone number and confirmation, but it can be seen that the defendant's whereabouts cannot be known without the defendant's attendance, and the defendant's summons was served by public notice by public notice.

Therefore, since the court below cannot be deemed to have taken necessary measures to confirm the whereabouts of the defendant, this case cannot be deemed to constitute "when the dwelling, office, or present address of the defendant is unknown" which is the requirement of service by public notice, and the court below's proceeding without the defendant's statement after serving a writ of summons by public notice and making a judgment without the defendant's statement is illegal as it constitutes a case where the defendant did not give the defendant an opportunity to attend

B. In addition, according to the records, the Defendant is also aware of the facts.

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