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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Ex officio determination
A. The Defendant did not submit the statement of grounds for appeal within the lawful period for filing the statement of grounds for appeal, and the petition of appeal does not state the grounds for appeal, but ex officio.
B. According to Article 63(1) of the Criminal Procedure Act, service by public notice to the defendant can be conducted only when the dwelling, office, or present address of the defendant is unknown. Thus, in a case where the defendant's office telephone number or mobile phone number is shown in the record, an attempt should be made to identify the place where service is to be made by contact with the above telephone number, and it is not permitted to serve service by public notice immediately without taking such measures and make a decision without the defendant's statement because it violates Article 63(1) of the
(See Supreme Court Decision 201Do11210 Decided December 8, 2011, etc.). C.
According to the records, the court below sent a writ of summons, etc. to the defendant's address "Masan-gu, Changwon-si C," which is the defendant's address as stated in the written indictment, but received a report to the effect that the service of the defendant was not possible on March 22, 2012 due to the absence of closure. The court below ordered the prosecutor to correct the address and ordered the prosecutor to make a request for detection of the defendant's address to "D Buildings 205 in Changwon-si, Changwon-si, Changwon-si," which is the corrected address, or attempted to contact with "E" which is the defendant's mobile phone number "E" which is the defendant's mobile phone, but did not attempt to contact the defendant. The court below decided to serve the defendant by public notice on September 21, 2012, the court below notified the defendant's writ of summons to serve the defendant by public notice, and the defendant's appeal period and the appeal period after the final judgment became final and conclusive.