The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

The above fine shall be imposed on the defendant.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the fine of one million won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to Article 63(1) of the Criminal Procedure Act, if the whereabouts of the accused are unknown, public notice may be given when the whereabouts of the accused are unknown. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning the 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, or imprisonment with or without prison labor for more than ten years at the trial of the first instance, if the whereabouts of the accused is not confirmed by the method of service of public notice, notwithstanding the commission of investigation, issuance of arrest heads, or other necessary measures to verify the whereabouts of the accused.

Therefore, in the event that the Defendant’s home number or mobile phone number appears on the record, an attempt should be made to confirm and regard the place to be served with the above phone number, and the delivery by the method of public disclosure immediately without taking such measures is not permitted as it violates 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, the lower court did not serve the Defendant’s house number or cell phone number or cell phone number, etc. as the part of the indictment sent to the Defendant’s residence, each of the Defendant’s address and Q, Q, as the Defendant’s phone number is not confirmed even after commission to the head of the competent police station.