The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One Busan District Prosecutors' Office, which has been seized,

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the court of original judgment sent a copy, etc. of the indictment by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and sent a copy, etc. of the indictment to the defendant on August 14, 2019, while the procedure of trial was in the absence of the defendant, and sentenced to imprisonment for one year and six months on August 14, 2019. The defendant asserted on November 26, 2019 that he/she was unaware of the fact that the public prosecution was instituted because he/she was not served with the copy, etc. of the indictment to the court below. The court of original judgment made a decision to recover the defendant's right to appeal on December 2, 2019

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the

Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] Criminal facts and summary of the evidence recognized by the court and summary of the evidence are the case of the defendant in the highest judgment of the court below.