All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (in the case of the first instance judgment: imprisonment with prison labor for eight months, and imprisonment with prison labor for one year and six months) of each of the lower judgment is unreasonable.

2. Ex officio determination

A. According to the records, the second instance court sent a writ of summons to "Seoul-gun AB, Gyeongcheon-gun, the address indicated in the indictment." However, on June 14, 2012, the second instance court sent a writ of summons to "Seoul-gun, Gyeongcheon-gun, the address indicated in the indictment."

However, prior to the decision of service by public notice, an attempt should be made to find a place where a defendant can be served by means of serving documents, such as serving documents on the actual place of residence or confirming by telephone, etc., prior to the decision of service by public notice. It is unlawful to render a judgment without the defendant’s statement (see, e.g., Supreme Court Decision 2004Do7145, Feb. 25, 2005). Thus, the telephone number stated in the second instance court’s record is the telephone number stated in the foregoing paragraph.