The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unfilled and unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the determination of the grounds for appeal by the prosecutor of the ex officio judgment provides that service on the defendant shall be made by serving public notice if the whereabouts of the defendant is not confirmed even though the defendant was taken necessary measures to confirm the whereabouts of the defendant. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by serving public notice only when the dwelling, office, or present whereabouts of the defendant is unknown.

Therefore, in the event that other dwelling places, contact numbers, etc. of the defendant appear on the record, an attempt should be made to send a writ of summons to such address or to confirm the place where the defendant will receive a summons by contact with his/her contact address, and it is not allowed to promptly serve a summons by means of public notice delivery and to render a judgment without the defendant's statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). According to the records in the investigation process, the defendant stated his/her own telephone number (K) and actual dwelling (2630, Busan Dong-gu Ltel 2630, Busan), and the defendant's cell phone number (M) on the complaint submitted by the victim to an investigative agency is recorded in the cell phone number (53 pages) of the defendant's cell phone number.

Although there is a need to take such measures, it is concluded that the defendant's whereabouts are not confirmed without making such measures, and that service by means of public disclosure is carried out immediately and without making a statement of the defendant.