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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 summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.
2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.
Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Articles 18(2) and (3), and 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service to the accused shall be made by public notice when it is impossible to confirm the whereabouts of the accused after six months have passed since the receipt of the report on the impossibility of service to the accused in the trial in the first instance trial.
However, according to the records of this case, the lower court: (a) sent a copy of the indictment and a writ of summons of the Defendant to the Defendant’s domicile on April 27, 2016; (b) the Defendant was unable to serve on the date of the first trial on May 24, 2016; and (c) the Defendant was not present on the date of the trial on May 24, 2016; (b) the lower court ordered the Defendant to serve a special service at night; and (c) the Defendant’s service of a copy of the indictment and a writ of summons, etc. to the Defendant’s domicile was impossible to serve on May 25, 2016; and (d) the lower court entrusted the Defendant’s detection of the location on June 10, 2016, and on July 6, 2016, entrusted the Defendant with the Defendant’s name to the Deputy Police Secretary at his/her domicile on the part of the Defendant’s residence to the Defendant, making it impossible for the lessee due to his/her death.
In addition, the court below received a reply to the purport that the defendant's location cannot be known, (4) the court below ordered the service of the defendant to the public notice on July 8, 2016 and then served the documents related to the lawsuit, such as the defendant's writ of summons, by means of public notice on the defendant's service. (5) The court below did not appear continuously on the date of the fourth public trial on August 19, 2016 and on September 2, 2016 on September 5, 2016.