The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The punishment of the court below (the fine of 1.5 million won) is too heavy in consideration of various circumstances against the defendant in light of the summary of the grounds for appeal.

2. Prior to the determination of the defendant's assertion of unfair sentencing, Article 63 (1) of the Criminal Procedure Act provides that if the defendant's residence, office, or present address is unknown, service by public notice may be made if it is not known. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to death penalty or imprisonment with or without prison labor for more than ten years in the trial of the court of first instance, if the defendant's location is not verified within six months from the date of receipt of the report on the failure to serve the defendant's location, the request for investigation, issuance of detention warrant, or other necessary measures, the service of the defendant shall be made by public notice. If the defendant's personal phone number or cell phone number appears in the record, the service by public notice shall be made by public notice, and the service by public notice shall not be permitted immediately without taking such measures.

(See Supreme Court Decision 201Do1094 Decided May 13, 201 (see, e.g., Supreme Court Decision 2011Do1094, May 13, 201). However, according to the investigation report (the confirmation of cellular phone in the name of a suspect, and the investigation record No. 27 pages), the Defendant’s telephone number (portable telephone: G, H, and office telephone: I) is indicated. As such, the lower court should have tried to contact all of the above telephone numbers prior to making a decision of service by public notice, but without taking such measures, the cell phone number among the above telephone numbers.