A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the original court served a copy, etc. of indictment by public notice under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and served a copy, etc. of indictment on May 20, 2020 by serving the procedure of trial in the absence of the defendant and served on May 20, 200. The defendant filed a petition for recovery of the right to appeal against the original judgment on June 19, 2020, and the original court rendered a decision to recover the defendant's right to appeal on June 30, 2020. The above decision can

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the

Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, it shall be invoked in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 of the Criminal Act concerning criminal facts;