The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. According to the records of this case’s decision ex officio, the court below determined that the service of the defendant on November 14, 2017, when the duplicate, etc. of indictment is not served on the defendant, shall be made by means of serving public notice. On December 15, 2017, the court of original judgment may recognize the fact that the defendant was punished by imprisonment with prison labor on December 28, 2017, when the defendant was not present at the court under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the court of original judgment sentenced April to the defendant on December 28, 2017, the above judgment became final and conclusive by the lapse of the appeal period, the defendant filed a claim for recovery of the right to appeal against the above judgment, and the defendant was deemed to be responsible for failing to file

Therefore, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Special Act on the Promotion of Litigation, etc.

Recognizing this, this Court has completed a new litigation procedure, such as serving a copy of indictment on the accused, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). In this respect, the judgment of the court below became impossible to maintain as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【The reasoning of the judgment below in its entirety 【The facts constituting a crime and the summary of evidence admitted by the court below 】 The summary of facts constituting a crime and the summary of evidence is identical to each corresponding column of the judgment below, except for addition of “the Defendant’s oral statement at the court of first instance” to the summary of evidence as indicated in the judgment below. Thus, it is true in accordance with