The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Judgment ex officio is made.

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

Therefore, it is not allowed to immediately serve a service by public notice and make a judgment without the statement of the defendant without any proper measures necessary to confirm the location of the defendant or without any other contact information of the defendant in the record, even though the contact information was contacted with the contact information and the service place was confirmed.

(see, e.g., Supreme Court Decision 201Do1094, May 13, 201). In addition, inasmuch as the first instance court served a copy of indictment and a writ of summons of trial date based on the illegal decision of service by public notice and deemed that the defendant was not present at least twice and determined without the defendant’s appearance, the litigation procedure is unlawful because the defendant did not have an opportunity to attend. The court of appeals may ex officio decide on the grounds that affect the judgment, even in cases where the grounds for appeal are not included in the grounds for appeal, and the court of appeals may ex officio render a judgment

In other words, in such cases, the court below has newly conducted procedural acts through legitimate procedures.