The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 18(2) and (3) and Article 19(1) of the Enforcement Rule of the same Act provide that the location of the defendant cannot be confirmed until six months have passed since a report on the failure to serve on the defendant was received at the trial of the court of first instance prior to the judgment on the grounds of appeal by the defendant's ex officio. If the location of the defendant was not confirmed even though he/she took necessary measures to confirm the location of the defendant, the service to the defendant shall be served by public notice after the receipt of the report.

According to the records, on April 22, 2015, the court below decided on October 14, 2015 that the service of the defendant to the public notice was made on the ground that six months have not yet passed since the defendant's response to the detection of the location of the Incheon Samsan Police Station for the defendant was received. Such decision of the court below is unlawful as it violates the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the Enforcement Rule of the same Act, and its illegality affected the judgment.

In this respect, the judgment of the court below is no longer possible.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, thereby citing them as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning facts constituting an offense, and the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.