사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The application for compensation order of this case shall be dismissed.
1. The lower court’s sentence (6 months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable and unfair (the Defendant withdrawn the Defendant’s assertion of the grounds of appeal as to mistake of facts at the first trial date of the first trial of the first instance court). 2. Determination 1 ex officio prior to the Defendant’s judgment on the grounds of appeal, Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, Article 18(2) and (3), and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Litigation, etc. ex officio, provides that if the Defendant’s location is not confirmed even though he/she took necessary measures to confirm the location of the Defendant, the service on the Defendant may be made by means of serving public notice, and Article 63(1) of the Criminal Procedure Act provides that service on the Defendant may be made only when the Defendant’s residence, office, and present location cannot be known.
Therefore, in the event that other dwelling places, contact numbers, etc. of the defendant appear on the record, an attempt should be made to send a writ of summons to such address or to confirm the place where the defendant is to receive a summons by contact with his/her contact address, and it is not allowed to promptly serve a summons by means of public notice delivery and to render a judgment without the defendant's statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). According to the records, the defendant stated his/her name (I) and his/her cell phone number (J), mobile phone number (K), and (K) in the investigation process, the court below attempted to confirm the place where the defendant is to receive a summons by contact with the above cell phone number or telephone number of the defendant or his/her address or to deliver it to the above workplace.
must be made.
In that sense, service by means of public notice is carried out immediately and without the statement of the defendant, by concluding that the whereabouts of the defendant is not confirmed without such notice.