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The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Before determining the grounds for ex officio appeal, this paper examined ex officio.
1) According to Article 63(1) of the Criminal Procedure Act, where the whereabouts of the defendant is unknown at the time of receipt of a report on the failure to serve on the defendant, a public notice may be served. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”) and Articles 18 and 19 of the Special Rules on the Promotion, etc. of Legal Proceedings (hereinafter “Special Rules”) provide that in the first instance trial of a case corresponding to death penalty, imprisonment with or without prison labor for an indefinite term or for an indefinite term exceeding ten years, if the whereabouts of the defendant is not verified within six months from the time of receipt of the report on the failure to serve on the defendant, the service on the defendant shall be served on the public notice, and if the defendant has been absent at least twice the date of summons according to the method of service by public notice, the service on the defendant may be tried without the statement of the defendant.
In light of the fact that the above six-month period is the minimum period established to protect the defendant's right to trial, attack, and defense, the "when a service impossibility report is received" which is the starting point of calculation shall be strictly interpreted (see, e.g., Supreme Court Decisions 2003Do4983, Nov. 14, 2003; 2014Mo157, Oct. 16, 2014). According to the records, the court below entrusted the head of the Sungnam Police Station with the detection of the location of the defendant on June 13, 2017; 2. The resident telephone number of the defendant was the telephone number of the defendant who entered into a contract around August 2016.