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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
A. According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, and present position of the defendant are unknown, public notice may be served. Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings do not apply to cases falling under death penalty or imprisonment with or without prison labor for more than ten years in the first instance trial proceedings, the court of first instance provides that, when the location of the defendant is not verified by six months after the receipt of the report on impossibility of service to the defendant, the service to the defendant shall be served by public notice.
Therefore, if the defendant's office telephone number or mobile phone number on the record shows, it is necessary to see the attempt to confirm the place to be served with the above telephone number and to see it. The delivery by the method of public disclosure without taking such measures is not permitted as it violates Article 63 (1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
(See Supreme Court Decision 201Do1094 Decided May 13, 201 (see, e.g., Supreme Court Decision 201Do1094). The lower court: (a) sent a copy, etc. of the indictment to Yongsan-gu Seoul, Yongsan-gu, Seoul, as the Defendant’s dwelling on May 26, 2015; (b) sent a copy, etc. of the indictment to the Defendant’s dwelling on May 29, 2015; and (c) sent a copy, etc. of the indictment again to the Defendant’s dwelling on June 15, 2015 upon the revision of the prosecutor’s address on June 4, 2015; and (c) requested the head of Yongsan-gu, the head of the police station having jurisdiction over the Defendant’s dwelling on June 15, 2015 to detect the location of the Defendant.