The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

80 hours against the defendant.

1. The lower court’s sentence (a year and six months of imprisonment, order to complete a program, restriction on employment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case, the court of original judgment shall serve a copy of indictment and a writ of summons through the service of public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and shall proceed with the procedure of trial in the absence of the defendant, and sentenced the defendant to one year and six months, etc. on July 15, 2020. The defendant filed a petition for recovery of his right to appeal against the judgment of the court which became formally final and conclusive on September 15, 2020, and the court of original judgment recognized that the defendant was unable to file an appeal within the appeal period due to reasons not attributable to the defendant on October 15, 2020.

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. Thus, the court below's judgment has a ground for a request for retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act.

Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the judgment of the court below cannot be maintained as it is.

3. 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 of the court below is reversed, and the following is again decided after pleading.

[Grounds for the new judgment] Criminal facts and summary of the evidence recognized by the court and summary of the evidence are "the defendant's statement in this court" in the summary column of the evidence.