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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, or present residence of the defendant is unknown, service by public notice may be made.
According to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Articles 18(2) and (3), and 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings, where the location of the defendant cannot be confirmed until six months have passed since the receipt of a report on impossibility of service to the defendant, even though the court of first instance took necessary measures to confirm the location of the defendant, if the defendant was not a case corresponding to death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years, even though the case falls under death penalty, or imprisonment with or without prison labor for more than ten years, the service on the defendant shall be made by means
In addition, according to Article 365 of the Criminal Procedure Act, if a defendant fails to appear in court on the trial date, a new date shall be set, but if the defendant fails to appear in court on the new date without justifiable grounds, a judgment may be rendered without the statement
According to the records, after remand, the court of original judgment ordered the defendant to serve a writ of summons of the court date on the dwelling place stated in the court of final appeal and the written correction of address submitted to the court of final appeal, but it is impossible to serve a writ of summons due to absence of closure, and the defendant, his family's general telephone and cellular phone, etc. which are confirmed by records until six months have passed since the receipt of the report on impossibility of service, and as the location of the defendant was not confirmed due to the result of the request for detection of location as to the chief of the competent police station, etc., the service of the defendant by public notice shall be