The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and 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 judgment on the grounds of appeal by the defendant's ex officio, where the location of the defendant is not verified even though the defendant took necessary measures to identify the location of the defendant, service by public notice shall be made. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the dwelling, office, or present location of the defendant is unknown. As such, if other contact points of the defendant appear in the record, service by public notice shall be made immediately after contact and service by public notice, and service by public notice shall not be permitted without the defendant's statement (see, e.g., Supreme Court Decision 2011Do672, Jul. 28, 2011).

Therefore, even though the judgment of the court below failed to meet the requirements of service by public notice, it cannot be maintained as there is an error of law that affected the conclusion of the judgment by proceeding by public notice.

3. Accordingly, the court below's decision on the grounds of ex officio reversal is unreasonable.