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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.
2. According to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Ex officio Proceedings and Articles 18(2) and (3) and 19(1) of the Enforcement Rule of the same Act, where the whereabouts of the accused are not verified, service by public notice shall be made for the accused after taking necessary measures to identify the whereabouts of the accused, and Article 63(1) of the Criminal Procedure Act provides that service by public notice may be made only when the whereabouts of the accused are unknown. Thus, if other contact numbers of the accused appear in the record, it shall be deemed that the court below made an attempt to contact the accused with the contact address and to identify the place where service by public notice is to be made, and it shall not be permitted to serve a judgment immediately by public notice and without the accused’s statement without taking such measures (see, e.g., Supreme Court Decision 2011Do6762, Jul. 28, 2011). 19, the court below notified the Defendant on July 17, 2014, who was under the jurisdiction over the Defendant’s address.