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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence of the court below (six months of imprisonment) is too unreasonable.
2. We examine the defendant's grounds for appeal ex officio prior to the judgment
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 Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service on the accused shall be made by means of service by public notice in cases where the whereabouts of the accused are not verified even though the accused took necessary measures to confirm the whereabouts of the accused. In cases where the Defendant’s home phone number, mobile phone number, etc. appear in the record, prior to the determination of service by public notice
It would be in violation of the Act on Special Cases and the Enforcement Rule thereof to conclude that the location of the defendant is not confirmed without taking such measures and promptly serve the defendant by means of service by public notice and make a judgment without the defendant's statement.
(See Supreme Court Decision 2002Do5800 delivered on February 27, 2004, etc.). According to the records, the defendant's probation status notice against the defendant can be acknowledged that the defendant transferred his/her living base to "Y" and changed his/her contact address to "J apartment 201 Dong 303, Dong 1, Dong 1, Dong 1, Dong 1, Dong 2004", which is the former domicile of his/her family members, and that the defendant's mother L's cell phone number (M) and N's cell phone number (O) are entered. In such case, the court below should have tried to deliver a writ of summons to the defendant's dwelling newly revealed prior to the decision of service by public notice, or to confirm the place of service through contact with the defendant and his/her family members and make a statement by public notice immediately without taking such measures.