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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued 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 ex officio prior to the determination of the grounds for appeal by the prosecutor of the ex officio judgment provides that service on the defendant shall be made by serving public notice if the whereabouts of the defendant is not confirmed even though the defendant was taken necessary measures to confirm the whereabouts of the defendant. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by serving public notice only when the dwelling, office, or present whereabouts of the defendant is unknown.
As such, in a case where other dwelling places and contact numbers of the defendant appear on the record, it shall be deemed that the defendant attempted to serve a writ of summons to the address or to confirm the place where the defendant will be served by contact with his contact address, and it shall not be allowed to promptly serve a summons by the method of public notice and make a judgment without the defendant's statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). According to the records of investigation, the defendant stated his work address (11th floor, 105 of Busan-gu PP, Busan), and the defendant's address (247th page of evidence record), address of the defendant's home (103Da17077, Busan-gu, Busan-gu, 207) and mobile phone number 28 (28th floor number or mobile phone number).
The service of public disclosure is made immediately because it is concluded that the defendant's whereabouts are not confirmed without taking such measures.