1. The part of the judgment below excluding the compensation order shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, ① the court of original judgment shall, under Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings, render a sentence of one year to imprisonment with prison labor by proceeding the deliberation in the absence of the defendant by public notice; ② the fact that the defendant has filed a request for recovery of the right of appeal against the finalized original judgment; ③ the court of appeal dismissed the defendant’s request for dismissal of the right of appeal; but ③ the court of appeal, in the case of an immediate appeal against the decision to dismiss the right of appeal

Since the Defendant was unable to attend the trial in the trial due to a cause not attributable to the Defendant, there was 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 Article 361-

(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, this Court shall proceed with a new litigation proceeding and render a new judgment according to the result of a new trial, and thus, the lower judgment cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except for the case where "part of the suspect interrogation protocol of the police officer against the defendant 1." in Part 2 of the summary of the evidence in the judgment of the court below as "1. The defendant's trial statement" is deemed as "the defendant's trial's trial statement". Thus, it is cited as it

The laws and regulations;