A defendant shall be punished by imprisonment for four months.

2. Before determining the Defendant’s assertion of unfair sentencing, Article 63(1) of the Criminal Procedure Act provides that, if the Defendant’s residence, office, or present address is unknown, service by public notice may be made if the Defendant’s residence, office, or present address is unknown, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Special Rules on Promotion, etc. of Legal Proceedings do not correspond to death penalty or imprisonment with or without prison labor for more than ten years in the trial of the first instance, if the Defendant’s whereabouts are not verified within six months from the date of receipt of the report on the failure to serve the Defendant’s whereabouts, a request for investigation, issuance of detention warrant, or other necessary measures, the service by public notice shall be made by public notice. If the Defendant’s whereabouts or cell phone number appears in the record, service by public notice shall be made immediately after contact the above phone number and considering the place of service by public notice, and such service by public notice shall not be permitted as it violates Article 63(1) and Article 23 of the Special Cases concerning Promotion, etc.

(See Supreme Court Decision 201Do1094 Decided May 13, 2011 (see, e.g., Supreme Court Decision 2011Do1094). According to the records of the lower court, the lower court: (a) sent a writ of summons to the Defendant’s domicile (Y) as stated in the written indictment; (b) received a reply to the effect that it is difficult to grasp the location on September 18, 2012 as a result of the request for detection of location to the said address; (c) the lower court issued a detention warrant to the Defendant on September 20, 2012, but this was returned to the Defendant on March 21, 2013; and (d) the lower court on May 3, 2013.