The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment and fine of 300,000 won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

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 when the location of the defendant is not confirmed even though he/she took necessary measures to confirm the location of the defendant, the service to the defendant shall be made by public notice.

Therefore, in the event that the Defendant’s mobile phone number, etc. appears on the record, the attempt should be made to identify the place where the Defendant will receive the service by contact with the above telephone number, and the service by means of public disclosure immediately without taking such measures and rendering a judgment without the Defendant’s statement is illegal (see, e.g., Supreme Court Decisions 2014Do3037, May 16, 2014; 2006Do3892, Jul. 12, 2007). However, according to the records of this case, the lower court determined that the Defendant was unable to appear on August 18, 2016 and 4951, 2016, 880, 16, 2016, 2016, 2016, 2016, 300, 2016, 10, 2016.

The above decision of service of publication was made on March 25, 201, when the defendant tried to make a telephone call to the defendant on March 25, 2016, prior to the decision of consolidated trial, but only attempted to make a telephone call only at the P phone number of the defendant at the investigation stage (the 26th page of the record of trial).