A defendant shall be punished by imprisonment for one year.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, ① the original court served a copy of indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Act”), and tried on May 1, 2020 when the defendant was absent, and sentenced to one year imprisonment with prison labor on May 1, 2020; ② the defendant requested the recovery of his right of appeal on May 26, 2020 when the defendant was arrested by the execution of punishment in accordance with the judgment below which became formally final and conclusive; ③ The court rendered the decision to recover his right of appeal on June 8, 2020 by deeming that the defendant was not appealed within the period of appeal due to reasons not attributable to the defendant.

According to the above facts of recognition, there is no reason attributable to the defendant's failure to attend the trial of the court below and there is a reason for request for retrial under the Civil Procedure Promotion Act. Thus, this court shall proceed with a new litigation procedure against the defendant and render a new decision according to a new trial result, so the court below's judgment cannot be maintained

(2) As such, the lower court’s judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion, and the lower judgment is reversed pursuant to Article 364(2) and it is so decided as follows. In so doing, it is so decided as per Disposition by the assent of all participating Justices, on November 26, 2015.

[Grounds for the judgment of the court below] The defendant, around 19:30 on August 25, 2018, at the main point of "C" located in Nam-gu, Nam-gu, Gwangju, the defendant 2018, 19:30 on the charge of crime, she saw the victim as a scambling and drinking, and she scambling the victim while drinking the alcohol, including the victim D (the victim 39 years of age). Accordingly, the victim scambling the defect and scam, which is a dangerous object on the table.