The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

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

According to the records, the court of original judgment shall serve a copy of the indictment and a writ of summons by 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 deliberation while the defendant was absent, and thus sentenced to imprisonment for up to eight months, and the defendant alleged that he was unaware of the fact that the public prosecution of this case was instituted against the judgment of the court below formally finalized, and that the court of original judgment made a decision on the recovery of right to appeal by recognizing that he was not able to file an appeal within the appeal period due to

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to him. Thus, the court below's judgment has a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial," which is the ground for appeal under

(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, this Court shall proceed with new litigation procedures, such as serving a copy of indictment on the accused, and render a new judgment according to the result of a new trial. Therefore, the lower judgment cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

【The reasons for the judgment in multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court and the summary of the evidence are added to the summary of the evidence of the judgment below.