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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unfilled and unreasonable.
2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the determination of the grounds for appeal by the prosecutor of the ex officio judgment provides that service on the defendant shall be made by serving public notice if the whereabouts of the defendant is not confirmed even though the defendant was taken necessary measures to confirm the whereabouts of the defendant. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by serving public notice only when the dwelling, office, or present whereabouts of the defendant is unknown.
As such, if other dwelling places, contact numbers, etc. of the defendant appear on the record, an attempt should be made to send a writ of summons to the address or to confirm the place where the defendant will receive a summons by contact with contact address, and it is not allowed to promptly serve a summons by the method of public notice and make a judgment without the defendant's statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). According to the records, the defendant stated his cell phone number (X) and his house number (Y) in the investigation process (2/34 of the evidence record; 1/39 of the evidence record; 1/60 of the evidence record); and the address where the application for public trial was made [ Busan Dong-gu, Busan 601; 1/4/10 of the cell phone number of the defendant's cell phone number) and the address where the application for public trial was made.
The service is made by means of public disclosure service as soon as it is concluded that the defendant's whereabouts are not confirmed without taking such measures.