The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

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

According to the records, the original court served a copy, etc. of indictment by public notice under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and served a copy, etc. of indictment on July 24, 2019 by serving the procedure of trial in the absence of the defendant, and sentenced the defendant to one year on July 24, 2019. The defendant filed a petition for recovery of the right to appeal against the original judgment on August 10, 2020, and the original court rendered a decision to recover the defendant's right to appeal on August 14, 20

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the

Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot

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

[D. The Defendant, on July 5, 2006, sentenced the Busan High Court to six years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. in Relatives) and completed the execution of the sentence on February 24, 2012.

The defendant deceiving B and the victim C, under the pretext of scrap metal, loan money, etc.