A defendant shall be punished by imprisonment for one year.

A. The court below was found guilty under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, but the defendant was unable to attend the trial due to a cause not attributable to him. Thus, the judgment of the court below is unlawful due to

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

2. According to the records of this case, the court below, based on the following facts: (a) served a copy of the indictment and a writ of summons by serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and (b) tried in the absence of the defendant and sentenced one year to imprisonment; (c) the defendant filed a petition for recovery of his right of appeal; (d) alleged to the purport that he was unable to be served with a copy, etc. of the indictment and was unaware of the fact that the judgment was pronounced; and (e) the defendant was unable to file

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

Since the judgment of the court below can no longer be maintained.

3. In conclusion, the defendant's appeal is reasonable, and the above grounds fall under the grounds for reversal ex officio, and thus, the judgment below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again determined following the pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of “1.1. Defendant’s oral statement” as stated in each corresponding column of the lower judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment