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The judgment of the court below is reversed.
The punishment of the accused shall be eight months by imprisonment.
One document(No. 1) shall be attached to the seized cattle.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment and confiscation) is too unreasonable.
2. Ex officio determination, Article 276 of the Criminal Procedure Act provides that if a defendant fails to appear on the date of trial, no amendment shall be made unless there is a special provision. Article 23 of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and Article 19 of the Special Rule on Promotion, etc. of Legal Proceedings provides that where it is impossible to confirm the whereabouts of the defendant even though six months have passed since a report on the failure to serve on the defendant was received in the trial of the first instance, the notice on the defendant shall be served by public notice, and where the defendant fails to appear on two or more occasions, the notice on his/her subsequent notice shall be served. The starting point of the above six-month period shall be the time of receipt of a report on the failure to serve on the defendant, and the above six-month period shall be interpreted as the minimum period set in order to guarantee the defendant's right to claim a trial and right to defense, and thus, if a report on failure to serve by public notice has been received within six months prior to the date of receipt of the report on service by public notice, it shall be erred.
According to the records, the court below's decision of service by public notice on July 10, 2012, which was before the expiration of six months from February 13, 2012, which received a report on the failure to serve the Defendant's writ of summons from February 8, 2012 against the Defendant, was unlawful, and the court below's decision of service by public notice was unlawful. The court below's decision of service by public notice was delivered upon the decision of service by public notice and the Defendant was not present two times or more at the court date and sentenced the trial without the Defendant's appearance. Thus