The judgment below

The part of the defendant's case against the defendant is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to him. Therefore, the lower court erred by misapprehending the legal doctrine on the grounds for filing a petition for retrial under Article 23-2(1) of the Act on Special Cases Concerning

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

2. Determination

A. According to the records, the court below's determination on the existence of the ground for request for retrial (1) can be acknowledged that the defendant requested the recovery of his right to appeal on the ground that the defendant's request for recovery of his/her right to appeal was not served with a copy of indictment and a summons of the defendant, etc. through service by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even after taking measures to confirm the whereabouts of the defendant, such as correction of address, request for detection of location, issuance of detention warrant, etc., and that the defendant cannot confirm the whereabouts of the defendant, and that the defendant was sentenced to imprisonment for eight months by conducting deliberation while the defendant was absent. The defendant formally finalized the execution of punishment in accordance with the above judgment below which became final and conclusive, and that the court below decided to recover his/her right to appeal on the ground that the defendant did not appeal within the period of appeal due to a cause not attributable to the defendant. (2) According to the above acknowledged facts, there are grounds for request for retrial

This part of the defendant's argument is justified.

3. Accordingly, the judgment of the court below is justified since the defendant's appeal on the grounds of the above request for retrial is justified. Thus, the part of the judgment of the court below against the defendant among the judgment below under Article 364 (6) of the Criminal Procedure Act is reversed without examining the defendant's argument of unfair sentencing, and this decision

[Judgment as to the defendant]