사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. We examine the legality of the decision of the court below by public notice ex officio.
A. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18(2) and (3) and 19(1) of the Enforcement Rule of the same Act provide that, when the whereabouts of the defendant is not verified even though the defendant was taken necessary measures to confirm the whereabouts of the defendant, service by public notice shall be made in the latter case. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the dwelling, office, or present location of the defendant is unknown. Thus, if other contact numbers of the defendant appear in the record, service by public notice shall be conducted immediately without taking such measures, and it shall not be permitted to serve by public notice and render a judgment without the defendant's statement.
(see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). (B)
According to the records, the court of original judgment: (a) served a copy of the indictment, a writ of summons, etc. against the defendant on the "lock in K at the time of dissolution" as stated in the indictment; (b) when it was impossible to serve the defendant due to the absence of closure, the court of original judgment called the mobile phone number (M) as stated in the indictment and sent the defendant to the court on the trial date; (c) the defendant ordered the prosecutor who was not present on the first trial date to correct his address; and (c) the defendant was served again to "Yyang-gu, Seoyang-gu, Seoyang-gu; (c) it was impossible to serve the defendant on the part of the addressee due to the addressee's unknown address; (d) request for the detection of location and the distribution of the name of the defendant; and (e)