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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Summary of grounds for appeal;
A. Inasmuch as the Defendant could not attend the trial of the lower court due to reasons for which there was a ground for retrial, it constitutes a ground for the request for retrial.
B. The sentence imposed by the lower court on the assertion of unfair sentencing (four months of imprisonment) is too unreasonable.
2. According to the records on the assertion of the existence of the grounds for retrial, the court of original judgment shall serve a copy of the indictment by public notice under Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and shall proceed to the trial in the absence of the defendant, and sentenced the defendant to a punishment for four months on March 13, 2020. The defendant submitted a petition of appeal and a petition for recovery of the right to appeal against the above judgment to the representative of the head of Busan detention center on May 19, 2020, and the defendant alleged to the purport that he was unaware of the date and time of the trial because he was unable to receive a writ of summons, etc. upon the request for recovery of the above right to appeal, the court of original judgment shall recognize the defendant's assertion that he could not appeal within the period of appeal due to a cause not attributable to the defendant, and thus,
According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant, and there is a ground for requesting a retrial under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial," which is the ground for appeal under Article 361-5
Therefore, this court shall reverse the judgment of the court below and render a new judgment in accordance with the result of a new trial, such as delivering a duplicate of indictment to the defendant (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Thus, the judgment of the court below cannot be maintained as it is.
3. Conclusion, the defendant's request for retrial.