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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.
2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service on the defendant shall be made by means of service in case the whereabouts of the defendant is not confirmed even though the defendant was taken necessary measures to confirm the location of the defendant, and Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by public notice only when the dwelling, office, or present location of the defendant is unknown. Thus, in case where other dwelling, contact address, etc. of the defendant appear in the record, attempt should be made to confirm the place of service by public notice or contact with the address of the defendant, and it is not permissible to immediately serve a writ by public notice and make a judgment without the defendant's statement without taking such measures.
(See Supreme Court Decisions 2006Do3892 Decided July 12, 2007; 201Do6762 Decided July 28, 201, etc.). In each of the instant indictment, the Defendant’s cell phone numbers [CU (Seoul High Court Decision 2012Da2056, High Court Decision 2012Da2834, High Court Decision 2012Da2974, High Court Decision 2012Da3006), CV (Seoul High Court Decision 2012Da2293, High Court Decision 2012Da3338, High Court Decision 2012Da3860, High Court Decision 2013Da421, High Court Decision 2013Ma582] stated in the instant indictment, the lower court did not promptly conclude that each of the Defendant’s cell phone numbers was served by means of service by public notice and did not immediately confirm the place of service by public notice by public notice without contact each of the Defendant.
Such measures of the court below are related to special cases concerning the promotion of litigation and the promotion of litigation.