The judgment of the court below is reversed.

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

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

2. According to Article 63(1) of the Criminal Procedure Act for ex officio determination, if 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 do not correspond to death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the trial of the first instance, if the whereabouts of the defendant is not verified within six months after receipt of the report on impossibility of service by public notice, the service on the defendant shall be made by public notice.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is 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.

(2) According to the records, the court below held that the defendant was sentenced to 10 months of imprisonment by public notice on October 17, 2012, where the defendant did not appear on the date of trial on November 23, 2012 and the defendant did not appear on the date of trial, and that the court below did not contact with the defendant on the part of his/her residence and mobile phone numbers. The court below determined that the defendant's whereabouts should not be confirmed even if he/she applied for the request for the detection of location without being served and contacted with the defendant's cell phone numbers as stated in the indictment, etc., and that the defendant was sentenced to 10 months of imprisonment by public notice. However, the court below did not contact the defendant in the investigation records.