The sentence of sentence against the defendant shall be suspended.

2. Judgment ex officio prior to the grounds for appeal by the defendant;

According to Article 63(1) of the Criminal Procedure Act, service of public notice to the accused can be made only when the dwelling, office, or present location of the accused is unknown. In a case where the actual dwelling, place of work, or the home phone number or mobile phone number of the accused appears on the record, the attempt should be made to confirm the place to be served with such actual dwelling, etc. or contact with the phone number, and it is unlawful to serve the defendant by the method of public notice and make a judgment without the defendant's statement (see, e.g., Supreme Court Decision 2009Do12430, Jan. 28, 2010). According to the records, the notice of the police interrogation report and communication data of the accused on the suspect's domicile is written "Ssi-gu Busan Metropolitan City, Busan Metropolitan City apartment, 201 Dong 1011," but the court below did not take measures to try the service at the above address, and it can recognize the fact that the defendant did not appear at the court's oral proceedings and made a judgment.

Therefore, the notice service by the court below is unlawful, and the judgment of the court below which the defendant was sentenced to a failure to appear in accordance with such unlawful notice service decision constitutes a case where the litigation procedure affects the conclusion of

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, since there is a ground for reversal ex officio as above, and the judgment below is again decided as follows after the new pleading.

[Grounds for the new judgment] The summary of facts constituting an offense and evidence recognized by the court is in the column of "a summary of evidence" of the judgment below.