A defendant shall be punished by imprisonment for one year.

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

A. Since the Defendant did not appear in the trial proceedings without any cause attributable to the lower court, the lower court’s judgment has a ground for request for retrial.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. According to the record of determination of misapprehension of legal principles, the lower court served a copy of indictment and a writ of summons, etc. by public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and served a year with prison labor as a result of the trial conducted in the absence of the Defendant. Thereafter, the Defendant stated on March 20, 2019 that he was unaware of the progress of the first instance trial by public notice when he requested the recovery of the right to appeal against the lower judgment formally finalized on March 20, 2019, and the lower court rendered a decision to recover the right to appeal against the Defendant on April

Therefore, 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 lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures and render a new judgment according to the results of a new trial, such as serving a duplicate of indictment on the defendant (see Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015);

3. Therefore, the Defendant’s assertion of misapprehension of the legal principle is with merit. Thus, without examining the Defendant’s assertion of unfair sentencing, it is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered through

【Reasons for the Judgment of the court below, 【The facts constituting a crime and the summary of the evidence admitted by the court below, and the summary of the evidence are as stated in each corresponding column of the judgment below, except for adding “the defendant’s oral statement” to the summary of the evidence of the court below. Thus, Article 369 of the Criminal Procedure Act