A defendant shall be punished by imprisonment for one year.

2. Article 63(1) of the Criminal Procedure Act provides that a service by public notice may be made only when the dwelling, office, or present address of a defendant is unknown. Thus, in a case where other contact numbers, etc. of a defendant appear on the records, an attempt should be made to confirm the place of service by contact with the contact address and to regard it as the place of service by public notice should be made, and it is not allowed to immediately serve service by public notice and render a judgment

(2) According to the records, the Defendant’s contact number is “H” and the Defendant’s cell phone number is “I” as “I (E station). However, the lower court did not contact with the Defendant, without having contact with the Defendant as above, requested the detection of the Defendant’s resident registration address using Daejeon P106, Daejeon P106, which is the Defendant’s resident registration address. The Defendant’s cell phone number is “K” and the Defendant’s cell phone number as stated in the police interrogation protocol and the written indictment was unknown, and the Defendant’s cell phone number as stated in the Defendant’s written indictment became unknown. As such, it can be acknowledged that the Defendant decided to serve the Defendant by public notice.

According to the above facts of recognition, the court below concluded that the defendant's dwelling, office, or present address cannot be known only without having attempted to contact the defendant with another telephone number indicated in the record, and promptly served the defendant by means of service by public notice. Thus, the court below's decision by public notice was unlawful because it did not meet the above requirements, and the court below's decision by public notice was made without the defendant's statement because it did not meet the above requirements, and it affected the judgment due to the violation of the law of litigation.