The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. Since the Defendant did not appear in the trial proceedings without any cause attributable to the lower court, the lower court’s judgment has a ground for request for retrial.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. According to the record of determination of misapprehension of legal principles, the court of original judgment sent a copy of indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced eight months to imprisonment by conducting deliberation in the absence of the defendant. After which the defendant made a request for recovery of the right of appeal against the judgment of the court below which became formally final and conclusive, the defendant stated that he was unaware of the progress of the first instance trial by public notice. The court of original judgment can find

Therefore, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures and render a new judgment according to the results of a new trial, such as serving a duplicate of indictment on the defendant (see Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015);

Therefore, the defendant's assertion of legal principles is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered through pleading.

【Grounds for the Judgment of the Court, 【1. The Police Examination Protocol against the Defendant’s Criminal Suspect” is changed to “1. The Defendant’s trial testimony” among the main points of the evidence of the judgment below.