상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The penalty (one million won of fine) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. According to Article 63(1) of the ex officio determination of the Criminal Procedure Act, when the dwelling, office, or present location of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that service by public notice shall be made only when the defendant's whereabouts are not confirmed until six months have passed since the receipt of the report, although the defendant's whereabouts were taken necessary measures to confirm the defendant's whereabouts, and in light of the above six-month period is the minimum period established to protect the defendant's right to trial and right to attack and defense, "when the report on impossible service was received" shall be strictly interpreted (see, e.g., Supreme Court Decision 2003Do4983, Nov. 14, 2003).
According to the records, the Defendant, upon being aware of the fact that notice of the summary order of this case (Seoul District Court Decision 2012 High Court Decision 2337, Nov. 19, 2012, 2012, requested a formal trial request or a formal trial request was made on November 19, 2012. Following the court’s decision to recover the right to request the formal trial, the court below sent a writ of summons to the Defendant, but the court below received a report that the Defendant was not served due to the absence of closure on January 5, 2013, and the court failed to notify the date of trial on December 26, 2012 and January 17, 2013, each Defendant attempted to return the phone call on no telephone, but failed to notify the date of trial. Accordingly, the court below ordered the Defendant to be served by public notice on January 25, 2013 and did not appear at the court date.