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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
However, the above punishment shall be imposed for two years from the date of the final judgment.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) by the lower court is excessively unreasonable.
2. Ex officio determination
A. According to the records, ① the court of the original judgment sent a copy of indictment, a writ of summons, etc. to the defendant to Jongno-gu K building 806 of Jongno-gu, Seoul, but not sent as the addressee's absence and the absence of closure; ② on June 18, 2010, the prosecutor revised the defendant's address to "B," and the court of the original judgment served the defendant's writ of summons to the above address on June 22, 2010; ③ the court of the original judgment entrusted the detection of the location of the defendant's address on June 18, 2010 to the above resident registration address on July 1, 2010, and the court of the original judgment delivered a report on the detection of the whereabouts of the defendant's residence to the investigative agency on July 21, 2010 (the court of the first instance, on July 201, ordered the defendant to appear by public notice and notified the defendant on July 21, 2010 to the court of the second instance.
B. Where the service of documents becomes impossible, it shall be deemed that the defendant attempted to find a place where the defendant can receive service, such as serving documents on the actual place of residence recorded in the record prior to the decision of service by public notice, or confirming telephone by telephone, etc.