A defendant shall be punished by imprisonment for one year.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, and present position of a defendant are unknown, public notice may be served. Articles 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that if the defendant's location is not confirmed within six months from the receipt of a report on impossibility of delivery to the defendant, even though he/she entrusted the investigation into his/her whereabouts, issued a arrest warrant, or took other necessary measures to identify the location of the defendant, the service on the defendant shall be made by public notice.

Therefore, in the event the Defendant’s home number or mobile phone number appears on the record, an attempt should be made to confirm and regard the place to be served with the above phone number. The delivery by the method of public disclosure immediately without taking such measures is not permitted as it violates Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see Supreme Court Decision 201Do1094, May 13, 201). Therefore, according to the records, the Defendant appeared on the first public trial date of the lower court, and stated his residence as “Seoul Special Metropolitan CityO,” and the Defendant appeared on the second and third public trial date, and each of the public trial proceedings was held on the third public trial date, and the pleadings were concluded on the third public trial date, and the date of the fourth public trial (adjudication). The Defendant made an application for change of the trial date on the ground that it is necessary for the victim I to have an agreement with the victim.