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

2. We examine the legality of the decision of the court below by public notice ex officio.

Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18(2) and (3), and 19(1) of the Enforcement Rule of the same Act provide that when the location of a defendant is not confirmed even though necessary measures are taken to confirm the location of the defendant, service by public notice shall be made for the defendant. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the dwelling, office, or present location of the defendant is unknown. Thus, in cases where other contact information of the defendant appears in the record, service by public notice shall be made immediately without taking such measures, and it shall not be permitted to promptly serve by public notice and make a judgment without the defendant's statement.

(2) According to the records, the court of the lower court sent a copy of the indictment, Defendant’s summons, etc. on January 11, 201 to the “Gyeongbuk-do N” as the address indicated in the indictment, which is the address indicated in the indictment, but was not served for the reason of identification of the addressee, and the phone number (O) indicated in the indictment on January 30, 2013. However, the Defendant did not receive telephone; ② the court of the lower court issued a request for detection of the location, appointment and detention warrant, but the Defendant’s whereabouts could not be known and the Defendant’s whereabouts could not be served, and then sent a writ of summons to the court of the first instance on October 14, 2013.