The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight 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 service by public notice shall be made in cases where the location of the defendant is not confirmed even though the defendant took necessary measures to confirm the location of the defendant, prior to the judgment on the grounds for appeal by the defendant ex officio. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the domicile, office, or present location of the defendant is unknown. Thus, in cases where other addresses, contact address, etc. of the defendant appear in the record, service by public notice shall be made by detecting the location of the defendant at the address or contact, and service by public notice shall not be permitted immediately without taking such measures.

According to the records, the court below served a writ of summons of the defendant on the duty of the Ftel office in Jung-gu Seoul, Seoul, which is the address as stated in the indictment, but did not serve it on the part of the address unknown, and served the writ of summons of the defendant on the part of Jung-gu, Seoul, Jung-gu, Seoul, and Ansan-si H, which is the corrected address, but did not serve on the defendant's cell phone identity and address unknown, but could not have telephone conversations. Thus, the court below found the defendant's cell phone-based office of the defendant and the Ftel office in Jung-gu, Seoul, and decided on November 16, 2012 that the defendant was unable to find his whereabouts due to his/her failure to reside in his/her residence, and served on the defendant by means of service by public notice and a copy of the indictment and the summons of the defendant on January 8, 2013, and conducted a trial without his/her presence.