The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

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

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

B. According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply to death penalty, life imprisonment, or imprisonment with or without prison labor exceeding ten years for more than ten years in the trial of the first instance, if the whereabouts of the defendant is not confirmed by public notice after six months have passed since the receipt of the report on the failure of delivery to the defendant, even though the request for investigation, issuance of a detention warrant,

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.

(see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do1094, May 13, 2011).

According to the records, at the time of being examined by the police on September 25, 2013, the Defendant stated that “The address (J, 101 Dong 906) of the police is mixed with a large amount of type I living, and he is a mixed life in relation to his duties in Kngue 203 in J of Gyeongnam-gun, Gyeongnam-gun.” The contents are written in the suspect examination protocol, and the contact column is written “M”, the Defendant’s seat number, the Defendant’s seat address.