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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.
2. Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings, and Articles 18 and 19 of the Rules on Special Cases concerning Expedition, etc. of Legal Proceedings provide that in the trial of the first instance, if the location of the defendant is not verified by the entrustment of investigation, issuance of arrest warrants, or other necessary measures in order to verify the location of the defendant, the service of documents on the part of the defendant shall be made by means of service by public notice, even though the case does not correspond to death penalty, life imprisonment, or imprisonment with or without labor for more
According to the records of this case, the court below acknowledged the fact that the defendant sent a copy of the indictment, a writ of summons, etc. on April 11, 2019 and April 29, 2019 to the defendant's address, and did not take necessary measures to confirm the defendant's location, such as the defendant's request for investigation of location, etc., and served documents related to the lawsuit, such as the defendant's writ of summons, by service by public notice, on October 16, 2019. Thus, the court below's litigation procedure is unlawful in violation of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and Articles 18 and 19 of the Rules on Special Cases Concerning the
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 260 of the Criminal Act applicable to the crime and the choice of punishment.