The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. According to the records of ex officio determination, the court of original judgment: (a) determined on August 16, 2018 pursuant to Article 23 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings by public notice; (b) served a writ of summons, etc. of the defendant on the method of service by public notice; and (c) sentenced the defendant on November 15, 2018 when the defendant was absent, and sentenced the defendant on December 19, 2018; and (d) requested the recovery of the right to appeal against the court of original judgment on December 19, 2018; (b) dismissed the appeal on February 12, 2019; (c) however, the court of appeal after filing an immediate appeal by the defendant, recognized that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant; and (d) revoked the decision of the court of appeal and rendered a decision of recovery of the right to appeal (Seoul District Court 2

According to the above facts, the court below recognized that there is no reason attributable to the defendant's failure to attend the trial of the court below, and therefore, it constitutes "when there is a reason for requesting a retrial" under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes "when there is a reason for requesting a retrial",

Therefore, the appellate court, as an appellate court, shall proceed with a new litigation procedure and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015; Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). Thus, the lower judgment, which is an appellate court, has become no longer maintained.

3. 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 the part of the court below's judgment excluding the compensation order is reversed, and the following is again decided after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.