사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
A. Article 63(1) of the Criminal Procedure Act provides that service of public notice may be made when the dwelling, office, or present position of the defendant is unknown
Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service on the accused shall be made by means of service by public disclosure when the location of the accused is not verified even though the accused was requested to investigate the location of the accused, to issue a warrant for arrest, to correct the address, or to take other necessary measures.
Therefore, if other addresses, contact numbers, etc. of the defendant appear on the record, an attempt shall be made to identify the location of the defendant and to regard him/her as his/her address, and the delivery by publication immediately without taking such measures shall not be permitted as violating Articles 63(1) and 365 of the Criminal Procedure Act, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court Decision 2009Do12430, Jan. 28, 2010). (b) According to the records, the court below served a writ of summons on June 16, 2015 [Seoul Dobong-gu Q and 202] on the copy of the defendant's resident registration card (Seoul Dobong-gu Q and 202], which was sent to the head of the police station where the address of the defendant was unknown on June 18, 2015, and the court below commissioned the prosecutor to find the defendant's address as his/her address before the court below, but became 5.