사기등
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) by the court below is unreasonable because the sentence imposed by the defendant (six months of imprisonment) is too unhued.
2. Examination ex officio prior to the judgment on the grounds for appeal by the Prosecutor.
According to Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 23 and Article 19(2) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the service of public notice shall be made only when the location of the defendant is not confirmed until six months have passed since the receipt of a report on the impossibility of service to the defendant. However, in light of the above six-month period is the minimum period set for protecting the defendant's right of claim for trial and attack and defense, the "when the service impossibility report is received" that serves as the starting point shall be strictly interpreted (see Supreme Court Decisions 2003Do4983, Nov. 14, 2003; 2014Mo157, Oct. 16, 2014; 2014Mo157, Oct. 28, 2015). The court below did not find the defendant's address and summons at the court below's 16th day after the date of public trial, which the defendant was absent.
According to the above facts of recognition, the defendant 4 and 5 times each of the judgment below.