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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence (5 million won of fine) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. Ex officio determination
A. According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that service by public notice shall be made only when the defendant's whereabouts are not confirmed until six months have passed from the date of receipt of the report, although the defendant's whereabouts were taken necessary measures to confirm the defendant's whereabouts. In light of the above six-month period is the minimum period established to protect the defendant's right to trial and right to attack and defense, "the time of receipt of the report" shall be strictly interpreted (see, e.g., Supreme Court Decision 2003Do4983, Nov. 14, 2003).
According to the records, the Defendant, upon being aware of the fact that notice of the summary order of this case (Seoul District Court Decision 201Da23731, Jun. 8, 201) was made by public notice, requested a formal trial request or a formal trial request was made on Jan. 5, 2012. Following the court’s decision to recover the right to request formal trial, the procedure was proceeded with. After the court’s decision, the court below sent a writ of summons to the Defendant, but received a report that the Defendant was not served due to the absence of closure on May 3, 2012, and the court failed to notify the date of trial at issue on May 10 and June 7, 2012. The court below failed to notify the date of trial at issue on June 8, 2012. The court below ordered the Defendant to serve the service by public notice on June 8, 2012.