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All judgment of the court below shall be reversed.
The defendant is set forth in Nos. 1 through 4 of the annexed list 1 of the crime sight table and 2 of the list of crimes.
Reasons
1. The summary of the grounds for appeal (the case of the Highest 1718: Imprisonment with prison labor for one year and six months, and the Highest 2612: Imprisonment for one year and six months: imprisonment with prison labor for each of the crimes specified in the attached Table 2, and 10 months for each of the crimes specified in the attached Table 2) is too unreasonable.
2. Ex officio determination
A. We examine the judgment of the court of first instance ex officio prior to the judgment on the grounds for appeal by the defendant.
According to Article 63(1) of the Criminal Procedure Act, if the whereabouts of the defendant is not confirmed, service by public notice may be made if the whereabouts of the defendant is unknown, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years in the first instance trial, if the location of the defendant is not verified after the lapse of six months from the date of receipt of the report on the impossibility of service by public notice, the service by public notice shall be made for the defendant after contact with the above telephone number or cell phone number of the defendant in the record. It is not permitted to immediately serve by public notice without taking such measures as it violates Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc.
(2) The lower court determined that the Defendant’s service of litigation documents, including a writ of summons, etc. on May 13, 201 (see, e.g., Supreme Court Decision 2011Do1094, May 13, 201) was impossible due to the absence of documents and the addressee’s unknown whereabouts, etc.