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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. An attempt should be made to find a place where a defendant is able to receive delivery, such as making a service to the actual place of residence recorded in the record prior to the decision of service by public notice, or confirming by telephone, in case where the service of documents becomes impossible, ex officio prior to the determination of the grounds for appeal ex officio. The decision made by public notice without taking such measures is unlawful.
I would like to say.
(2) On the other hand, on the other hand, the defendant left the Republic of Korea on November 26, 2008, 2008, the second trial date of the court below, which was September 26, 2008. The records of this case revealed the phone number (G) in the police investigation process, and the defendant left the Republic of Korea on September 2, 2008, which was before the second trial date of the court below.
“Along with the fact that the Defendant submitted an application for change of the trial date on September 28, 2012, stating the phone number (H) available for calls in the Philippines (24 pages of the trial record), and ② according to the service report to the Defendant, the service report states that “A defendant, according to the Defendant’s mother’s mother’s statement, went to the early Philippines on September 2008, and does not return to Korea until now,” (30 pages of the trial record), and the Defendant’s request for detection of the Defendant’s location does not come to contact with the Republic of Korea, and the Defendant’s mother’s cell phone number (I) is written (34 pages of the trial record). The Defendant actually left the Republic of Korea on September 2, 2008 and entered the Republic of Korea on November 28, 2012. If so, the court below confirmed the place where the Defendant was served by communicating each of the above phone numbers prior to service by publication and confirmed his residence and residence in the Republic of Korea and served it to the Defendant’s residence in a foreign country.