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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 8-month imprisonment with prison labor declared by the court below is too unreasonable.
2. Ex officio determination
A. In cases where the defendant claimed for the recovery of his/her right of appeal against the judgment of the first instance court rendered guilty without the defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter "Special Provisions"), if the circumstance in which the defendant could not be present in the trial due to a cause not attributable to him/her is included, it is reasonable to deem that there exists a cause for the request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and that there is a ground for appeal corresponding to "when a cause for request for retrial exists" under Article 361-5 (1) 13 of the Criminal Procedure Act.
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 in accordance with the result of the new trial (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 eight months by conducting a hearing in the state of absence of the defendant after serving a copy of the indictment and a writ of summons, etc. as a means of serving public notice pursuant to the special provisions on the records of this case. (ii) When the defendant was arrested in the process of execution of the above judgment which became formally final and conclusive, the defendant asserted that he/she was unable to appear in the trial as he/she requested the recovery of his/her right to appeal immediately, and ③ The court of original judgment recognized that the defendant was unable to file an appeal within the appeal due to any cause not attributable to the defendant, and rendered a decision to recover the right to appeal on Oct. 26, 2017.