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.

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 impossibility of service by public notice even though the request for investigation, issuance of detention warrant, or other necessary measures

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, the defendant's telephone number in the interrogation of the defendant of the assistant judicial police officer on June 11, 201 is "D"; the defendant's leakage or cell phone number is "E; ② the prosecutor does not state the defendant's telephone number in the indictment while instituting the public prosecution of this case; ③ the court below made a duplicate of the indictment to "Gnnman 302 in the Gnhae F in the indictment, the dwelling of the defendant as stated in the indictment on July 7, 201."