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 of appeal (six months of imprisonment) is unreasonable because it is too unhued.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, as to the service by public notice by the court below and the decision without any statement of the defendant.

A. According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made. Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings do not correspond to death penalty, imprisonment with or without prison labor for more than ten years in the first instance trial to identify the location of the defendant. However, if the location of the defendant is not confirmed by public notice after six months have passed since the receipt of the report on impossibility of service to the defendant, service by public notice for the defendant shall be made by public notice.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do1094, May 13, 2011). (B)

Judgment

According to the records, the court below determined that the defendant's address and mobile phone number recorded in the indictment, and the police interrogation protocol (37 pages of the trial record) on the defendant's cell phone number as recorded in the defendant's cell phone number and the defendant's cell phone number, the attempt to contact with the defendant and the detection of location are not contacted, and decided to issue an order of service by public notice