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

2. Before determining the grounds for ex officio appeal, this paper examined ex officio.

A. According to Article 63(1) of the Criminal Procedure Act, where the whereabouts of the defendant is unknown at the time of receipt of the report on the failure of delivery to the defendant, the service to the defendant shall be made by public notice. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”) and Articles 18 and 19 of the Special Rules on the Promotion, etc. of Legal Proceedings (hereinafter “Special Rules”) provide that, in the first instance court of the case that does not fall under death penalty, imprisonment with or without prison labor for an indefinite term or for an indefinite term exceeding ten years, the investigation to identify the whereabouts of the defendant, the issuance of a detention warrant, and other necessary measures, if the whereabouts of the defendant is not confirmed within six months from the time of receipt of the report on the failure of delivery to the defendant, the service to the defendant shall be made by public notice, and if the defendant has been summoned at least twice the trial date in accordance with the method of service by public notice, the service to the defendant may be made without

In light of the fact that the above six-month period is the minimum period set in order to protect the defendant's right to trial, attack and defense, the "when a service impossibility report is received" which is the starting point shall be strictly interpreted (see, e.g., Supreme Court Decisions 2003Do4983, Nov. 14, 2003; 2014Mo157, Oct. 16, 2014). (B) According to the records, the defendant was present at the court below by the third oral hearing date ( July 11, 2017) and was absent on August 8, 2017, < Amended by Presidential Decree No. 28217, Sep. 1, 2017>