The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. 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 Ex officio Judgment (hereinafter "the Act on Special Cases Concerning the Promotion, etc.") where the defendant filed a petition for recovery of right to appeal for the reason that the defendant or his/her representative could not file an appeal within the period for filing an appeal for reasons not attributable to him/her, if such grounds include circumstances in which the defendant could not be present at the trial due to reasons not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to "when grounds for filing an appeal exist" under Article 361-5 (1) 13 of the Criminal Procedure Act are asserted.

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 serving a duplicate of indictment, etc. (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). The lower court, pursuant to Article 23 of the Litigation Promotion Act, issued a public notice to the Defendant on July 26, 2017; served a copy of the indictment and a writ of summons, etc. by means of serving public notice; served the Defendant on September 20, 2017; and tried on September 20, 2017, sentenced the Defendant to six months of imprisonment and 40 hours of ordered to complete a sexual assault treatment program, and the Defendant formally becomes final and conclusive.