1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. The treatment of sexual assault against the accused for forty hours.

1. The summary of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable (the defendant did not submit a statement of grounds for appeal, and the petition of appeal does not indicate the grounds for appeal in the petition of appeal.

However, according to the records of ex officio judgment on February 2, 198, the court of original judgment rendered a decision to recover the right of appeal by recognizing that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant, and thus making a decision to recover the right of appeal by recognizing that the defendant was unable to appeal within the appeal period, and that the court of original judgment served the defendant a writ of summons, etc. by serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

As the Defendant was unable to attend the trial in the lower court due to a cause not attributable to the Defendant, the lower court’s judgment constitutes “when there is a cause for requesting a retrial” (see Supreme Court Decision 2015Do8243, Nov. 26, 2015) which is the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act, which is the grounds for appeal (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the lower court cannot be maintained as it is, given that the lower court is proceeding with a new

3. Thus, 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 it is again decided after pleading.

Criminal facts

Article 369 of the Criminal Procedure Act is applicable to the facts constituting a crime and the summary of evidence recognized by the court, since the facts constituting a crime and the summary of evidence are the same as the corresponding columns of the judgment below.