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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio the defendant's grounds for appeal prior to the judgment ex officio.
According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, or present address of a defendant is unknown, service by public notice may be made. 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 fall under capital punishment or imprisonment with or without prison labor for life or for more than ten years in the first instance trial, if the location of the defendant is not confirmed at the expiration of six months from the date of receipt of the report on the impossibility of service of the defendant, the service on the defendant shall be made by public notice.
Therefore, it is not allowed to immediately serve a service by public notice and render a judgment without the statement of the defendant without any proper measures required to confirm the location of the defendant or without any other contact information of the defendant in the record, even though the contact information was contacted with the contact information and the place of service was confirmed.
(2) According to the records, the Defendant was absent on the 111st trial date held on July 10, 2014, which was held on December 30, 2014, and thereafter, the lower court sent a writ of summons to the Defendant’s domicile, but was not served due to the absence of documents. The lower court immediately notified the public prosecutor of a decision by public notice on November 11, 2015 and by public notice the date of trial by November 26, 2015 without requiring the public prosecutor to rectify his/her address or taking measures such as requesting a separate investigation. After that, the lower court resumed the pleadings on November 26, 2015 but on February 4, 2016.