The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service on the defendant shall be made by means of service in case the whereabouts of the defendant is not confirmed even though the defendant was taken necessary measures to confirm the location of the defendant, and Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by public notice only when the dwelling, office, or present location of the defendant is unknown. Thus, in case where other dwelling, contact address, etc. of the defendant appear in the record, attempt should be made to confirm the place of service by public notice or contact with the address of the defendant, and it is not permissible to immediately serve a writ by public notice and make a judgment without the defendant's statement without taking such measures.

(See Supreme Court Decision 2006Do3892 Decided July 12, 2007, and Supreme Court Decision 201Do6762 Decided July 28, 201, etc.). According to the records, the defendant’s cell phone number (E and F) is indicated in the defendant’s cell phone number (E and 2 pages), and the court below should have tried to confirm the place where the defendant was served with each of the above cell phone numbers in making a decision of service by public notice. However, the court below did not take such measures and concluded that the whereabouts of the defendant was not confirmed, and rendered service by public notice and rendered judgment without the defendant’s statement.

Such a measure of the court below is unlawful because it violates the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the special rules on the promotion, etc. of legal proceedings, so the judgment of the court below is added.