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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).
2. We examine whether the decision of the court below ordering the service of the defendant by public notice is legitimate, prior to the judgment on the defendant's assertion of unfair sentencing.
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 Rules on Special Cases provide that when the location of the defendant is not confirmed even though necessary measures are taken to identify the location of the defendant, service to the defendant shall be made by service by public notice.
However, according to the records, the court below held that ① although the duplicate, etc. of the indictment of this case was sent to Seoul Special Metropolitan City G, which is the defendant's residence as stated in the indictment, the defendant was not served, the prosecutor's address correction order, telephone communication attempt, the detection of the location of the above residence, the request for detention warrant, and the request for the issuance of a detention warrant, etc., but still failed to identify the defendant's location; ② on May 19, 2014, the court below ordered the defendant to serve the service by public notice; ② accordingly, the court below issued the order by public notice, the copy of the indictment, the notice of the trial date, etc.; and thereafter, completed the proceedings without the defendant's attendance and completed the proceedings; ③ the police examination of the defendant submitted at the time of the examination of evidence, stating that "the defendant's domicile was Seoul Special Gwangjin-gu G, but his parents moved to the defendant's residence record changed to H in Seoul Special Metropolitan City (the defendant's family record changed to 2013).