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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.
Reasons
1. The sentenced by the court below to the summary of the grounds for appeal (eight months of imprisonment) is too unhued and unreasonable.
2. Ex officio determination
A. We examine ex officio prior to the prosecutor’s judgment on the grounds for appeal.
B. According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, or present address of a defendant is unknown, service by public notice may be made. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply to death penalty, life imprisonment, or imprisonment with or without prison labor exceeding ten years in the first instance trial, if the location of the defendant is not confirmed after six months have passed since the receipt of the report on the impossibility of service by public notice, the service on the defendant shall be made by public notice.
According to the records, the court below delivered the translation, etc. of the indictment to the "H company in G in G in G in G in G in the course of the defendant's domicile," which is the defendant's domicile as stated in the indictment, but it was impossible to serve the defendant as a director's unknown on December 15, 201; ② after the public prosecutor's order to correct his address was issued; ③ the defendant's address was not corrected but the defendant's address was not corrected; ③ the court below entrusted the detection of the defendant's location to G in G in G in G in G in the course of the above "G in G in G in the course of G in the course of G in the course of the detection of location; ④ the court below attempted to call with the defendant's cell phone number as stated in the record but failed to call, but the defendant was already released; ⑤ The court below decided to serve the defendant by publication on June 19, 2012 without taking measures to issue a writ of arrest against the defendant; and ② the court below did not appear by publication; and on July 10, 20, 201.