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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.
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, if the whereabouts of the defendant is not confirmed even though the defendant took necessary measures to confirm the whereabouts of the defendant ex officio prior to the judgment on the grounds of appeal by the defendant, service by public notice shall be made after six months from the date on which the report on the impossibility of service was received. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the dwelling, office, or present address of the defendant is unknown. Thus, if the defendant appears in the record, such as the actual dwelling, place of service, telephone number, or cell phone number of the defendant, service by public notice shall be made at least 10 times by public notice, and it shall not be permitted that service by public notice be made at least 20 times after the date on which service by public notice by public notice was made by the defendant without the defendant’s statement (see, e.g., Supreme Court Decision 201Do6762).