The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. According to Article 19(2) of the Rules on Special Cases Concerning the Promotion, etc. of Litigation ex officio prior to the determination of the grounds for appeal by the defendant's ex officio, even in cases where summons of the defendant is to be served by public notice in the trial proceedings at the first instance court, the defendant summoned by public notice in order to judge without the defendant's statement is required to be absent at least twice.

Therefore, where a defendant who was summoned by means of public notice is absent, he/she may proceed with the trial proceedings under the absence of the defendant, only after he/she is absent from the defendant, by means of designating the trial date and serving public notice again (see Supreme Court Decision 2011Do1094, May 13, 201). According to the records, the court below sent the copy of the indictment and a writ of summons of the trial date to "Seoul Shipping Daegu and 302, the dwelling of the defendant" as stated in the indictment, but it is impossible to serve the defendant four times as the absence of closure, and the defendant was sent several calls at 0 times, but not properly contact with the defendant, and the court below ordered the head of the Busan Busan Shipping Police Station having jurisdiction over the above dwelling of the defendant to find out the whereabouts of the defendant on the 10th day of public trial, and the court below ordered the defendant on the 15th day of public trial to serve the defendant a copy of the indictment on June 14, 2017, etc.