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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower judgment is too unhued and unreasonable.
2. Ex officio determination
A. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Act”) and 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 by public notice shall be made in cases where the location of the defendant is not verified even though the defendant took necessary measures to confirm the location of the defendant. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the domicile, office, and present location of the defendant is unknown. Thus, in cases where other contact numbers of the defendant appear in the record, service by public notice shall be made immediately without taking such measures, and service by public notice shall not be permitted.
B. (See, e.g., Supreme Court Decision 2006Do3892, Jul. 12, 2007).
According to the records, ① the instant indictment and the writ of summons of the lower court served on February 8, 2012 to H, Seoul Mapo-gu, the domicile of the Defendant, the domicile of the Defendant; ② the Defendant appeared on the third ( September 9, 2012), fourth ( April 6, 2012), and fifth ( May 4, 2012) of the lower court; ③ the Defendant was not present on the date of pronouncement; ③ the Defendant was not present on June 8, 2012; and the lower court served a writ of summons on the Defendant’s domicile; the instant writ of summons was received on June 13, 2012 and July 12, 2012; ④ the Defendant was not present on the date of pronouncement; ④ the lower court issued a detention warrant on July 6, 2012; ⑤ the Defendant was not executing the warrant of detention on the Defendant; and ⑤ the lower court ordered the Defendant to serve by public notice.
(c).