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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The sentence of one and a half years of imprisonment imposed by the court below on the summary of the reasons for appeal is too unreasonable.
2. Ex officio determination
A. In cases where a defendant claims the recovery of his/her right to appeal against a 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 "Special Provisions"), and where such reasons include circumstances in which the defendant could not be present in the trial due to a cause not attributable to him/her, such circumstance shall be deemed a ground for request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and it is reasonable to deem that the ground for appeal corresponding to "when a cause for request for retrial exists" under Article 361-5 (1) 13 of the Criminal Procedure Act is asserted.
Therefore, in the above case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and there are such grounds.
If it is recognized, the judgment of the court of first instance shall be reversed, and a new judgment shall be rendered based on the result of the new trial, including the service of a duplicate of indictment, etc. (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). (b) According to the records of this case, the court of original judgment rendered a sentence of one year and eight months by proceeding with a trial in the absence of the defendant after serving the copy of the indictment and a writ of indictment, etc. by means of public notice in accordance with the special provisions. (1) The court of original judgment rendered a sentence of one year and eight months by proceeding with a trial in the absence of the defendant. (2) When the defendant is formally finalized by the execution of the above judgment became final and conclusive, the defendant applied for the recovery of his/her right of appeal, etc., and (3) The court of original judgment rendered a decision to recover the right of appeal on December 11, 2019.