사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. Article 63(1) of the Criminal Procedure Act provides that if the dwelling, office, or present address of a defendant is unknown, service by public notice may be made, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Decree on Special Cases Concerning Promotion, etc. of Legal Proceedings do not fall under capital punishment or imprisonment with or without prison labor for life or for more than ten years in the first instance trial, if it is not a case, a request for investigation of location, issuance of a detention warrant, or other necessary measures was taken to identify the whereabouts of the defendant, the service on the defendant shall be made by public notice if it is not confirmed within six months after receipt
Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
(see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do1094, May 13, 201). They returned to the instant case and tried to communicate with “J”, which is the mobile phone number of the Defendant as stated in the indictment, but the lower court attempted to transmit several copies of the indictment to “Seoul Special Metropolitan City, Nowon-gu K, 3 Dong 1210,” which is the Defendant’s dwelling as indicated in the indictment, and tried to send a copy of the indictment and a writ of the trial date by public notice following the request for location detection, etc., and tried to proceed without the Defendant’s statement.
The court below's measures are Article 63 (1) of the Criminal Procedure Act and the promotion of litigation.