A defendant shall be punished by imprisonment for not more than ten months.

2. Prior to the judgment on the grounds for appeal ex officio, the records reveal the following: (a) the Defendant did not appear on the date of trial after receiving a copy of the indictment and a writ of summons directly from the court of original judgment; (b) the court of original judgment served a writ of summons, etc. through service by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings when it is impossible to serve the Defendant with an order to change the date of trial and a writ of summons again; (c) the Defendant was sentenced to ten months of imprisonment by public notice; (d) the Defendant filed a request for the recovery of the right of appeal against the final and conclusive judgment; and (e) the court of original judgment

Thus, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to the lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures, such as serving the defendant with a duplicate of indictment, and render a new judgment according to the result of new trial (see Supreme Court Decision 2015Do8243, Nov. 26,

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows.

[C] Criminal facts and summary of evidence acknowledged by the court below are as follows: (a) the police interrogation protocol of the defendant against the defendant is deleted from "1." and the "1..... defendant's trial statement" is added to "the defendant's trial statement" as stated in the judgment of the court below.