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The judgment of the court below is reversed.
As to the crimes of Articles 1 through 5 of the decision of the court below, the decision of the court below shall be made in six months.
Reasons
1. The lower court’s punishment (two months of imprisonment and two months of imprisonment) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.
2. 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 by public notice may be made only when the domicile, office, or present address of the defendant is unknown, in a case where the whereabouts of the defendant is not confirmed even though the defendant took necessary measures to confirm the whereabouts of the defendant, prior to the judgment of the grounds for appeal by the ex officio of the prosecutor's appeal, service by public notice shall be made. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made if the dwelling, office, or present address of the defendant appears in the record. Thus, in a case where other dwelling, contact address, etc. of the defendant appears in the record, an attempt shall be made by serving a writ of summons or identifying the place where the defendant is served by
(2) According to the records of this case, the court below should have tried to confirm the place of service by communicating the Defendant’s cell phone numbers, etc. recorded in the records of this case before service by public notice and to confirm the place of service by public notice. However, without taking such measures, the court below rendered a delivery by public notice and rendered a judgment without the Defendant’s statement on the ground that the Defendant’s residence, office, and present address cannot be identified, and that the Defendant’s cell phone numbers were immediately sent by public notice and without the Defendant’s statement. This is related to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the promotion of legal proceedings.