The judgment of the court below is reversed.

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

1. The sentencing of the lower court (eight months of imprisonment) is too large and unfair.

2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.

A. According to Article 63(1) of the Criminal Procedure Act, 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, only when the location of the defendant is not confirmed until six months have passed since a report on the failure to serve on the defendant was received, even if necessary measures were taken to identify the location of the defendant.

According to the records of this case, on December 2, 2011, the court below rendered a lawful service of a copy of indictment and a writ of summons, etc. at the defendant's residence on December 22, 201, and the defendant was absent on the date of the first trial on January 19, 2012, and on January 26, 2012, the defendant was absent on January 26, 2012 when he/she was lawfully served a writ of summons on January 26, 201, but was absent on February 9, 2012. The court below held that on February 9, 2012, the defendant issued a detention warrant with the term of validity until August 8, 2012, before the above detention warrant was returned, and did not appear on March 26, 2012 and did not order the defendant to appear on the date of service by public notice and did not order the defendant to appear on March 26, 2012.

According to the above facts, as long as the report on the failure to serve on the defendant was not received by the court of original judgment, and as long as the court of original judgment did not take necessary measures to confirm the location of the defendant, such as the request for detection of location, etc., the location of the defendant cannot be known solely on the

(a) a report of impossibility of service.