The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. According to Article 63(1) of the Criminal Procedure Act, service by public notice to the defendant can be conducted only when the dwelling, office, or present address of the defendant is unknown. Thus, in the event that the defendant's home number or mobile phone number, etc. is shown in the record, an attempt to contact the above telephone number and check the place where service is to be made, and it is not permitted to serve service by public notice immediately without taking such measures and make a judgment without the defendant's statement because it violates Articles 63(1) and 365 of the Criminal Procedure Act.

(See Supreme Court Decision 2009Do12430 Decided January 28, 2010, etc.). B.

According to the records, the court below: (a) served a writ of summons of the defendant by mail with "Incheon-si U apartment and 2.615, Dong 615, which is the defendant's domicile in the indictment"; (b) did not serve the defendant's cell phone number on August 14, 2013; (c) served the execution officer again on September 4, 2013 and September 26, 2013; (d) did not serve the defendant on September 13, 2013; and (e) did not serve the defendant as the addressee's unknown number on October 2, 2013; (b) written indictment stated the defendant's cell phone number (V); (c) did not contact the defendant's cell phone number on the above mobile phone number; and (e) did not contact the defendant; and (e) the court below ordered the defendant to be served on the defendant 2,000 won on the Incheon District Police Station and the Busan District Police Station to the effect that it was not known.