Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment, since the defendant, who first threatened the victim with a knife, was sealed by the defendant's head on the floor.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. According to Article 63(1) of the ex officio determination of the Criminal Procedure Act, when the dwelling, office, or present location of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that service by public notice shall be made only when the defendant's whereabouts are not confirmed until six months have passed since the receipt of the report, although the defendant's whereabouts were taken necessary measures to confirm the defendant's whereabouts, and in light of the above six-month period is the minimum period established to protect the defendant's right to trial and right to attack and defense, "when the report on impossible service was received" shall be strictly interpreted (see, e.g., Supreme Court Decision 2003Do4983, Nov. 14, 2003).

According to the records, the defendant, who was notified of the summary order of this case by public notice, requested a formal trial claim or a formal trial on March 16, 2010, and the formal trial procedure was initiated according to the court's decision to recover the right to request the formal trial. After that, the court below sent the defendant's writ of summons to the defendant, but did not serve the defendant as an addressee's unknown on October 18, 2010.