The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. In the first instance trial proceedings, Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not apply to death penalty, life imprisonment, or imprisonment or imprisonment without prison labor exceeding ten years for the purpose of ascertaining the location of the defendant, if the location of the defendant is not verified by the lapse of six months from the date of receipt of the report on the impossibility of service by public notice, the service on the defendant shall be made by public notice. Article 63(1) of the Criminal Procedure Act provides that where the dwelling, office, or present location of the defendant cannot be known, service by public notice may be made immediately without taking such measures. Thus, it 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

(Supreme Court Decision 201Do1094 Decided May 13, 2011). According to the records, the defendant was not present from the second trial date. On April 3, 2015, the lower court acknowledged the fact that the Defendant’s report on the detection of the Defendant’s whereabouts was received at the lower court on April 22, 2015, when entrusting the detection of the Defendant’s whereabouts to the Defendant on the same day, and the Defendant was summoned by service by public notice, but was not present at the sixth and the seventh trial date, and the Defendant was not present at each on the sixth and seventh trial date without the Defendant’s statement, and the Defendant’s report on the detection of the Defendant’s whereabouts was received at the lower court.

In light of the above legal principles, the instant report was not received yet, or six months have not passed since it was received.