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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The sentence of the court below (the imprisonment of six months, the fine of 300,000 won) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Enforcement Rule of the same Act provide that, if the location of the defendant is not confirmed even though the defendant took necessary measures to confirm the location of the defendant, service by public notice shall be made for the defendant, and Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the dwelling, office, or present location of the defendant is unknown. Thus, if other contact points of the defendant appear in the record, service by public notice shall be made immediately without taking such measures, and service by public notice shall not be permitted without making a decision.
(See Supreme Court Decision 201Do6762 Decided July 28, 2011). The record reveals the following facts.
The court below served a copy of the indictment, a writ of summons, etc. on the defendant's residence stated in the indictment, etc., but failed to serve the above documents. After ordering the defendant to correct his address on the first trial date, the court below served a copy of the indictment, a writ of summons, etc. to the address following the correction of his address
On the other hand, the court below concluded that the location of the defendant cannot be known without serving the defendant's summons, etc. on "Y", which is the dwelling of the defendant, as stated in the prosecution protocol against the defendant during the record of interrogation of suspect, or contact with the defendant as "H", which is the phone number of the defendant as stated in the police interrogation protocol, and made a decision of service by public notice.