All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: the imprisonment of eight months, the second instance court; the imprisonment of one year; and the third instance court: the imprisonment of three months) is too unreasonable.

B. The second instance court and the third instance court’s sentence are too unfasible and unfair.

2. Determination

A. We examine ex officio the judgment of the court of first instance on the procedure of service by public notice prior to the judgment on the grounds for appeal by the defendant.

Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18(2) and (3) and 19(1) of the Enforcement Rule of the same Act provide that service by public notice shall be made only when the whereabouts of the defendant is not confirmed even though necessary measures are taken to confirm the whereabouts of the defendant, service by public notice after six months from the date on which the report on the impossibility of service was received when the location of the defendant was not confirmed. Article 63(1) of the Criminal Procedure Act provides that service by public notice may be

Therefore, in the event that the actual residence, place of work, office phone number, mobile phone number, etc. of the accused appears on the record, an attempt shall be made to deliver them to such actual residence, etc., or to confirm the place of service by contact with telephone numbers, etc., and it is not allowed to serve them by publication without taking such measures and render a judgment without the accused’s statement (see, e.g., Supreme Court Decision 201Do6762, Jul. 28, 2011). The following facts are recognized according to the records of this case.

① The original court of the first instance (hereafter referred to as “original court” in this paragraph) served documents, such as a duplicate of the indictment, Defendant’s summons, etc., with “AK and 310 Dong-dong 701, the dwelling of the accused as stated in the indictment,” and the accused was served on February 20, 2014 and March 12, 2014, and the accused was present on the first trial date on April 3, 2014.