A defendant shall be punished by imprisonment for not less than five months.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits ex officio determination; Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Lawsuits provide that service on the accused shall be made by means of serving public notice when the whereabouts of the accused is not confirmed even though the accused was taken necessary measures to confirm the whereabouts of the accused. Article 63(1) of the Criminal Procedure Act provides that service on the accused may be made by serving public notice only when the dwelling, office, or present whereabouts of the accused is unknown.

As such, if other dwelling places, contact numbers, etc. of the defendant appear on the record, an attempt shall be made to send a writ of summons to the address or to confirm the place where the defendant will be served by contact with the contact address, and it is not allowed to promptly serve a summons by means of public notice and make a judgment without the defendant's statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do672, Jul. 28, 2011). According to the records, the complainant made a statement in the complaint at the address of the defendant (J) and the cell phone number (J) in the name of the defendant's wife (1 book No. 3 of the evidence record No. 1 of the evidence record), and the defendant made a statement in the police investigation process to confirm his address (17 U.S. Won-gu, Seoul Special Metropolitan City, 20] and L mobile phone number No. 1788, Jul. 28, 20111).

The court below's decision, which decided without the defendant's statement, is that the defendant's whereabouts are not confirmed without such measures, shall be served by means of public notice delivery as soon as the defendant's whereabouts are confirmed.