The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in prison labor for up to eight months) against the Defendant is deemed unreasonable.

2. According to Article 63(1) of the Criminal Procedure Act, prior to the determination of the grounds for appeal by the prosecutor ex officio, if the dwelling, office, or present position of the defendant is unknown, the service may be made by public notice. 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 do not correspond to death penalty, imprisonment with or without prison labor for an indefinite term or for an indefinite term exceeding ten years at the trial of the first instance, and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings provide that if the whereabouts of the defendant is not confirmed within six months from the receipt of the report by the defendant, the service on the defendant shall be made by public notice.

Therefore, the above measures necessary to confirm the Defendant’s whereabouts are not taken, or the Defendant’s contact address appears on the record, and the service by the method of public disclosure is not allowed without confirming the place to contact with the contact address and making a judgment without the Defendant’s statement (see, e.g., Supreme Court Decisions 2011Do1094, May 13, 201; 2014Do5642, Jul. 10, 201). According to the records, upon the Defendant’s request for provision of communication data, it was confirmed that the Defendant had “H”, “I”, and “J” in addition to the phone number as originally written indictment. The address as at the time of the above mobile phone entry was confirmed to be “Macheon-si K, Seoul, and one story and one story in Seoul.”

Therefore, the court below attempted to communicate with the above mobile phone numbers or served the above address in making a decision on the service of publication.