게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.
2. We examine ex officio the legality of the decision of service of public notice by the court below.
A. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Enforcement Rule of the same Act provide that service on the accused shall be made by means of service on public notice if the whereabouts of the accused is not confirmed even though the accused took necessary measures to confirm the whereabouts of the accused, and that service on the accused may be made only when the dwelling, office, or present whereabouts of the accused cannot be identified.
Since other contact numbers, etc. of the defendant appear in the records, it should be viewed that the attempt is made to identify the place where the defendant will receive the service by contact with the contact address and to identify the place where the defendant will receive the service by public disclosure immediately without taking such measures (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). (b) According to the records, the court of original judgment attempted to serve the defendant's indictment, a copy of the defendant's summons, etc. as well as the defendant's resident registration address as stated in the written indictment, and tried to contact the defendant with the mobile phone number subscribed in the name of the defendant and made a decision on the service of public announcement after having attempted to contact the defendant with the mobile phone number.
(c)
In doing so, the fact that the defendant's occupation is "N Representative" and the workplace telephone number is "O" can be acknowledged in the police interrogation protocol (214 pages of investigation records) against the defendant.
(d)
In light of the above legal principles, the court below, prior to making a decision to serve public notice, shall serve the document to the seat of N’s head office indicated in the police interrogation record, or shall do so.