The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. We examine ex officio the determination.

According to the records of this case, the court below served a copy of the indictment and a summons of the defendant by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served the defendant with a summons, etc. and sentenced eight months to imprisonment by conducting deliberation in the absence of the defendant, and thereafter requested the recovery of the right of appeal against the judgment of the court below which became formally final and conclusive on February 22, 2019, and the court below recognized on March 26, 2019 that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant,

According to the above facts, since the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant, there is a ground for requesting a retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial," which is the ground for appeal under Article 36

(see Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015, and Supreme Court Decision 2015Do8243 Decided November 26, 2015). Therefore, the lower court’s judgment cannot be maintained as it is, on the ground that the service of a duplicate of indictment to the Defendant, etc., proceed with new litigation procedures, such as serving the Defendant with a copy of indictment, and re-judgments according to the result of a new trial.

3. 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, on the grounds of the above ex officio reversal, and the following decision is delivered through pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is "1. Police Suspect Examination of the Defendant" and "1. Prosecution Examination of the Defendant" in the summary of the evidence of the judgment of the court below.