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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. We examine the legality of the decision of the court below by public notice ex officio.
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 when the location of a defendant is not confirmed even though necessary measures are taken to confirm the location of the defendant, service by public notice shall be made for the defendant. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the dwelling, office, or present location of the defendant is unknown. Thus, in cases where other contact information of the defendant appears in the record, service by public notice shall be made immediately without taking such measures, and it shall not be permitted to promptly serve by public notice and make a judgment without the defendant's statement.
(2) According to the records, the court of the court below sent a copy of the indictment, a writ of summons, etc. to the defendant to the "J, Young-si, J, 102," which is the address as stated in the indictment. However, the court of the court below did not serve the defendant for the reason of the addressee's unknown, and the fact that the receipt was suspended, and the call was not made due to the suspension of receipt; ② the court of the court of the court below issued a cell phone number (K), but did not identify the location of the defendant, and did not serve the defendant; ② the court of the court of the court below issued a request for detection of location, appointment and detention warrant; thereafter, the service by publication was served by public notice; thereafter, the defendant's summons was served by public notice; and then the court of the court of the court below revised the indictment without the attendance of the defendant pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings at the fifth public day.