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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too 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 before determining the grounds for appeal by the defendant's ex officio, where the location of the defendant is not verified even though the defendant took necessary measures to confirm the location of the defendant, the service on the defendant shall be made by serving public notice. 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.
Therefore, in the event that other dwelling places and contact numbers of the defendant appear on the record, an attempt should be made to send a writ of summons to such address or to confirm the place where the defendant is to be served by contact with his/her contact address, and it is not allowed to promptly serve a writ of summons by means of public notice delivery and to render 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, in the investigation process, the defendant stated his/her address [Seo-gu, Busan] and cell phone number (G), and the court below attempted to confirm the place where the defendant is served with the above dwelling place of the defendant or by communicating with the above cell phone number.
The court below's decision that the defendant's location is not confirmed without such measures is against the special rules on the promotion of litigation, etc. and the promotion of litigation, etc., and the procedure is unlawful.