Text
The judgment below
The remainder, excluding a compensation order, shall be reversed.
A defendant shall be punished by imprisonment for six months.
(b).
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
2. Ex officio determination
A. Before determining the grounds for appeal by the Defendant, an attempt should be made to find a place where the Defendant is able to receive service by means of service, such as serving the documents on the actual place of residence recorded in the record prior to the decision of service by public notice, or confirming by telephone, in case where the service of documents becomes impossible, prior to the determination of the grounds for appeal by public notice. It is unlawful to render a judgment without the Defendant’s statement without taking such measures.
I would like to say.
B. (Supreme Court Decision 2004Do7145 Decided February 25, 2005, etc.).
According to the records, the defendant, under police investigation, entered his/her residence (P Apartment 106.209, G), workplace address (R), home telephone number (S), and mobile phone number (T). Thus, prior to the decision of service by public notice, the court below should have tried to provide the above address prior to the decision of service by public notice and to ascertain the defendant's location by communicating with the above telephone number (33.35 pages). However, without taking such measures, the court below determined that the defendant's whereabouts cannot be known, and after serving the defendant's summons by public notice by public notice, it cannot be said that the court below took necessary measures to confirm the defendant's whereabouts, and thus, this case cannot be deemed as falling under "when the defendant's residence, office, or present address cannot be known," which is the requirement of service by public notice, and therefore, the court below's decision proceeding with the defendant's testimony by public notice without any justifiable reason and without any justifiable opportunity to attend the court.