The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

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

When the lower court was unable to serve a copy of the indictment on September 8, 2017 due to the unknown whereabouts of the Defendant, it decided that the service of the Defendant to the public notice should be made on September 8, 2017. On October 20, 2017, the lower court sentenced the Defendant to six months imprisonment on November 10, 2017, where the Defendant did not appear in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc.

According to the above facts, there is no reason to assume that the defendant was unable to attend the trial of the court and there is a reason to request a retrial.

Accordingly, the judgment of the court below can no longer be maintained, since the public notice service decision is revoked in the trial and the copy, etc. of the indictment is served again, and all the trial proceedings, including the examination of evidence, are newly progress.

3. The judgment of the court below is reversed ex officio as above. Thus, the judgment below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act after omitting judgment on the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the addition of "the defendant's oral statement at the court below" as evidence. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime in question;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury (the general injury) shall be the mitigated area (two months to one year) (the person who has been specially mitigated).