사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The lower court’s sentence (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unfasible and unreasonable.
2. Judgment ex officio prior to the grounds for appeal by the defendant;
According to Article 63(1) of the Criminal Procedure Act, service on public notice to the accused can be conducted only when the dwelling, office, or present location of the accused is unknown. In a case where the actual dwelling, place of work, or the home phone number or mobile phone number of the accused appears on the record, the attempt should be made to confirm the place to be served with such actual dwelling, etc. or contact with the phone number, and it is unlawful to serve the accused by means of public notice and make a judgment without the accused’s statement (see, e.g., Supreme Court Decision 2009Do12430, Jan. 28, 2010). Accordingly, according to the record, the defendant’s address (MY, X, 3th floor) is written in the written indictment against the accused, while the cell phone phone number (YY, GG) of the accused is written in the police interrogation protocol against the accused, the lower court did not appear at the above address or to confirm the above phone number and did not complete the statement.
Therefore, the notice service by the court below is unlawful, and the judgment of the court below which the defendant was sentenced to a failure to appear in accordance with such unlawful notice service decision constitutes a case where the litigation procedure affects the conclusion of
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, since there is a ground for reversal ex officio as above, and the judgment below is again decided as follows after the new pleading.
[Grounds for the judgment to be used again] criminal facts and charges.