The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the lower court’s sentence is too uneased and 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 provide that service on the defendant may be made by public notice only when the domicile, office, or present address of the defendant is unknown, even though the defendant was taken necessary measures to confirm the location of the defendant, and that service on the defendant may be made by public notice. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by public notice only when the dwelling, office, or present address of the defendant is unknown. Thus, in a case where other dwelling, contact address, etc. of the defendant appear in the record, an attempt to deliver a writ of summons to the address or to confirm the place of service by public notice is not permitted without such measures.

(See Supreme Court Decision 2006Do3892 Decided July 12, 2007, and Supreme Court Decision 201Do6762 Decided July 28, 201, etc.). According to the record, the Defendant stated L’s mobile phone number (M) in the police investigation (the page 64 of the evidence record of the case 2017DaDa6329). In making a decision by public notice, the lower court, without taking such measures, should have tried to confirm the place of service by communicating with the above mobile phone number and to confirm the place of service by public notice, concluded that the Defendant’s location was not confirmed, and immediately served by public notice and rendered a judgment without the Defendant’s statement.

Such a measure of the court below is unlawful because it violates the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and the special rules on the promotion, etc. of legal proceedings, and thus, the judgment of the court below cannot be maintained further.

3. The judgment of the court below is reversed ex officio.