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

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 look at the place of service, etc.

(2) In light of the records, the court below held that the defendant was not present at the first trial date and was absent on the trial date and issued a detention warrant on the domicile as stated in the indictment and the domicile as corrected by the prosecutor. However, the court below did not contact the defendant's de facto marriage spouse T, the defendant's spouse in de facto marriage, and the representative's contact address as stated in the record, and notified the defendant by public notice, and conducted the trial without the defendant's statement and sentenced the judgment.

The above decision of the court below is in violation of Article 63 (1) of the Criminal Procedure Act, and there is an error of law that affected the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

【Reasons for the Judgment of multiple times】 The same is identical to the description in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;