특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine the legality of the decision of the court below by ex officio reversal.
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 service on the accused shall be made by public notice if the whereabouts of the accused is not confirmed even though necessary measures were taken to identify the whereabouts of the accused. Article 63(1) of the Criminal Procedure Act provides that service on the accused may be made by public notice only when the dwelling, office, or present address of the accused is unknown. Thus, in cases where other contact numbers of the accused appear in the record, an attempt should be made to confirm the place of service by public notice. It is not allowed to serve the accused by public notice immediately without taking such measures and render a judgment without the accused’s statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 2011Do6762, Jul. 28, 2011>