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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.
2. An ex officio judgment prosecutor filed an application for changes in the indictment with the purport of "when the victim's face is taken at all times by hand" as "when the victim's face is taken at all times by hand," and "the victim's face is taken at all times by hand" as "the victim's face is taken at the time of being taken at the victim's face" among the facts charged for the trial, and the subject of the judgment was changed by this court's permission.
As to the judgment of the first instance court rendered guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter "the Act"), where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her, and where such cause includes circumstances in which the defendant could not be held in the trial due to a cause not attributable to him/her, it is reasonable to deem that the ground for appeal corresponding to "when a ground for a request for retrial exists" under Article 361-5 (1) 13 of the Criminal Procedure Act is alleged as grounds for a request for retrial pursuant to Article 23-2 (1) of the Act on Promotion, etc. of Legal Proceedings.
Therefore, in this case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2 (1) of the Litigation Promotion Act, and there are such grounds.
If it is recognized, the judgment of the first instance court shall be reversed, and the new judgment shall be rendered in accordance with the result of the new trial, such as the service of a duplicate of indictment, etc. (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). The lower court shall decide to serve public notice on the Defendant on May 8, 2017 and written indictment by means of serving public notice in accordance with Article 23 of the Litigation Promotion Act.