The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. According to the records of ex officio determination, the court below rendered a judgment on April 1, 2019 by serving a copy, etc. of indictment by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and serving the defendant with the trial proceedings in the absence of the defendant, and serving him/her for six months in prison. ② The defendant alleged that he/she was unaware of the fact that he/she was unable to be served with the copy, etc. of indictment upon request for recovery of his/her right to appeal on May 15, 2019. The court below found that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant on June 20, 2019, and determined to recover the defendant's right to appeal. Considering the progress of the above case and the records of this case, it is recognized that there was a ground for request for retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes a new ground for appeal procedure.

(See Supreme Court Decision 2015Do8243 Decided November 26, 2015, and Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015, etc.). Therefore, the lower judgment became impossible to maintain it as it is in this regard.

3. Accordingly, 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 again reversed through pleading.