사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower judgment is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
A. Review of the record of recognition reveals the following facts.
1) The Defendant did not appear while being tried for a fraud case No. 2017 Goyang Branch 2017 Goyang Branch 13, and the above court rendered a decision by public notice to the Defendant on October 5, 2018 after requesting the detection of location. Meanwhile, the Defendant presented “R” to his wife’s contact address at the investigation stage (No. 66 pages of the record) but the above court did not attempt to contact the Defendant with his wife’s contact address before making the said decision by public notice. (ii) The above court served the Defendant’s summons, etc. to the Defendant by public notice at the trial date on November 12, 2018, and concluded the pleadings by amending the Defendant’s summons, etc. pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings during the public trial on November 12, 2018, and sentenced the Defendant to
B. According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings do not correspond to death penalty, life imprisonment, or imprisonment with or without prison labor exceeding ten years for more than ten years in the trial of the first instance, service by public notice shall be made when it is not confirmed that the defendant's whereabouts have not been received after six months have passed since a report on impossibility of service to the defendant was received.
At this time, where the defendant's mobile phone number, the defendant's spouse's telephone number, etc. appear on the record, the place of service shall be called.