2016Do17929 A. Forgery of private documents

(b) Exercising a falsified document;

(c) Violation of the Road Traffic Act;

(d) Violation of the Road Traffic Act;

A

Defendant

Attorney K (Korean National Assembly)

Chuncheon District Court Decision 2016No338 decided October 10, 2016

January 12, 2017

The judgment of the court below is reversed, and the case is remanded to the Gangnam Branch Branch Court Panel Division.

Judgment ex officio is made.

1. According to Article 19(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the trial in the first instance is conducted.

the court without a statement of the defendant, even in cases where summons of the defendant is served by public notice;

A defendant summoned by public notice for trial shall be absent at least twice in order to hold a trial.

Since this is required, if the defendant summoned by service by public notice is absent, the new trial date;

(1) If the defendant was re-explored by means of service by public notice, and the defendant is absent at that date;

Only when the Defendant was absent, the trial proceedings may proceed with with the Defendant’s absence (Supreme Court on May 201).

13. Supreme Court Decision 2011Do1094 Decided January 1, 201

Therefore, the failure of the defendant on the first day of trial for which the first instance court summoned the defendant by public notice.

If a trial proceeding is in progress by negligence, the proceeding is in violation of the law and is thus in violation of such law.

In such a case, the appellate court does not have the effect of litigation conducted in the unlawful procedure.

A copy of the indictment shall be served again on the complainant and a new litigation shall be conducted pursuant to lawful procedures.

Then, the court shall render a new judgment based on the results of the hearing, such as the statement and examination of evidence.

According to the records, the first instance court's correction of address when a copy of the indictment against the defendant is unable to serve;

After making a decision of service by public notice following procedures, such as detection of location, a copy of indictment, a summons of the accused, etc.

The fact that service was made by the method of time delivery, and the first instance court is not the defendant on the first trial date on March 16, 2016.

The amendment shall be made without the attendance of the defendant in accordance with the Act on Special Cases concerning the Promotion, etc. of Litigation

After notice, completion of the prosecutor's reading of facts charged and examination of evidence, and closing of pleadings, the same day.

It may be known that a judgment of conviction for ten months has been pronounced.

Examining the above facts in light of the legal principles as seen earlier, the first instance court proceeding is served by public notice.

Litigation by proceeding with a trial proceeding in the absence of the defendant on the first trial date for which the defendant was summoned;

Article 19(2) of the Rules on Special Cases concerning Promotion, etc. of Forwarding, which violates such an illegal public trial

There is no validity of the litigation conducted on the vehicle. In such a case, the court below has ex officio

of the first instance court, to serve a copy of the indictment on the defendant, that is, to correct the violation of

A statement, examination of evidence, etc. in an appellate court after a new procedural acts have been conducted under the law;

It should be judged again on the basis of the results.

Nevertheless, the court below reversed the judgment of the court of first instance on the ground of illegality in the proceedings of first instance.

Results of examination of evidence in the first instance conducted without the participation of the defendant without the participation of the defendant;

On the basis of a judgment, the judgment of the court below was made by the defendant through an unlawful litigation procedure.

The court below erred by misapprehending the legal principles as to the validity of litigation conducted without statements, thereby affecting the judgment.

There are laws.

3. Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded.

Opinions of all participating Justices on the bench shall be remanded to the lower court for a trial and determination.

(2) It is so decided as per Disposition.

Justices Kim Yong-deok

Justices Kim Jae-han

Justices Kim In-young

Justices Lee Dong-won