A defendant shall be punished by imprisonment for six months.

2. According to Article 63(1) of the ex officio determination of the Criminal Procedure Act, when the dwelling, office, or present location of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that service by public notice shall be made only when the defendant's whereabouts are not confirmed until six months have passed since the receipt of the report, although the defendant's whereabouts were taken necessary measures to confirm the defendant's whereabouts, and in light of the above six-month period is the minimum period established to protect the defendant's right to trial and right to attack and defense, "when the report on impossible service was received" shall be strictly interpreted (see, e.g., Supreme Court Decision 2003Do4983, Nov. 14, 2003).

According to the records, the court below sent a writ of summons to the defendant on July 16, 2012, but received a report that the defendant was not served due to the addressee's unknown whereabouts on July 24, 2012, and did not discover the defendant's location after the request for the detection of location on July 24, 2012, and responded that although the defendant's spouse attempted to return a telephone call through H on August 21, 2013, H was over 20 years after he/she became aware of the defendant's location, and the court below ordered the defendant to serve a service by public notice on January 10, 2013, and ordered the defendant to attend the court on February 7, 2013.

Therefore, the above decision of service by public notice was made on July 16, 2012, before six months elapse from the date of receipt of the first report to the lower court. < Amended by Presidential Decree No. 24350, Jan. 10, 2013>