사기
The judgment of the court below is reversed.
Defendant is punished by imprisonment with prison labor for one year and six months for the crime of the 2015 Godan2501 decision of the court below.
1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment and one year of imprisonment with prison labor for the crime of the 2015 Highest 2501 case) is too unreasonable.
2. Article 63(1) of the Criminal Procedure Act provides that a service by public notice may be made only when the dwelling, office, or present address of a defendant is unknown. Thus, in a case where other contact numbers, etc. of a defendant appear on the records, an attempt should be made to confirm the place of service by contact with the contact address and to look at the place of service, etc.
(2) In light of the records, the court below held that the defendant's residence, office, and location cannot be known without the defendant's statement and held a trial without the defendant's statement on July 28, 201 (see, e.g., Supreme Court Decision 2011Do6762, Jul. 28, 2011). According to the records, the court below held that the defendant's residence, office, and location cannot be known without the defendant's statement, and that the defendant's service by public notice was decided and the court below rendered a judgment without the defendant's statement.
The above decision of the court below is in violation of Article 63 (1) of the Criminal Procedure Act, and there is an error of law that affected the conclusion of the judgment.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Grounds for the judgment]