The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. According to Article 63(1) of the Criminal Procedure Act ex officio determination, where the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings provide that service by public notice shall be made in cases where the whereabouts of the defendant is not confirmed until six months have passed since the receipt of the report on the failure to serve on the defendant, even though the court of first instance took necessary measures such as the investigation and entrustment of location, issuance

According to the records, the court below can find the fact that the court below sent a copy of indictment, summons of the defendant, etc. to 4 Dong-dong 103, Incheon Gyeyang-gu, Incheon, which is the defendant's domicile in the indictment, and received both the defendant himself and his Dong-in by the fifth trial date, but the summons of the defendant on the sixth trial date was impossible to be served on September 25, 2013, and the defendant's non-service report was received on November 26, 2013, which was later than six months after the date of receipt of the notice of service, which was later than six months after the date of receipt of the notice of service, and the decision was made after the date of the trial without the defendant's appearance. Thus, the court below's decision was in violation of Article 63 (1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which affected the conclusion of the judgment.

3. Accordingly, the court below's decision on the ground of ex officio reversal is justified.