The judgment below

The remainder, other than the rejection of the application for compensation, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

B. According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the 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, Article 18 and Article 19 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply 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 after six months have passed since the receipt of the report on the failure to serve of the defendant, the service on the defendant shall be made by public notice.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do1094, May 13, 2011).

According to the records, the defendant appeared at the second trial date of the court below ( September 1, 2012. 7. 11:10), and stated the defendant's residence as "N in the original city of Jin-si" as stated in the written indictment. After the pleadings have been concluded on the given date, the sentence date was notified on October 12, 2012.