The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, the court below sent a copy of indictment and a writ of summons, etc. through service by public notice pursuant to the special provisions on proceedings in the first instance court under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and tried on August 22, 2019 when the defendant was absent, and sentenced the defendant four months to imprisonment on August 22, 2019. The defendant asserted that he was unaware of the above sentence on September 11, 2019, and filed an appeal along with a petition for recovery of his right of appeal. The court below recognized that on September 20, 2019, the defendant was unable to file an appeal within the appeal period due to a cause not attributable to

According to the above facts of recognition, since there are no causes attributable to the defendant due to the failure of the court below to attend the trial, and there are grounds for the request for retrial under the provisions of the retrial of this case, this court shall proceed with new litigation procedures, such as serving a duplicate of indictment, and render a new judgment

Therefore, the judgment of the court below is no longer maintained.

(3) The lower court’s judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the lower court’s judgment is reversed pursuant to Article 364(2) and further decided as follows, on June 25, 2015, on the grounds of ex officio reversal.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the statement of each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement in court" to "the summary of evidence" of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;