The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The court below was found guilty under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, but the defendant was unable to attend the trial due to a cause not attributable to him. Thus, the judgment of the court below is unlawful due to

B. The punishment sentenced by the court below (4 months of imprisonment) is too unreasonable.

2. In light of the records of this case, the court below, based on the following facts: (a) served a copy of indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and (b) served a trial in the absence of the defendant; (c) served four months in prison; (d) the defendant filed a petition for recovery of his right of appeal; and (e) alleged to the purport that he was not aware of the fact that the judgment was pronounced; and (e) the defendant did not appeal within the appeal period due

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

Since the judgment of the court below can no longer be maintained.

3. In conclusion, the defendant's appeal is reasonable, and the above grounds fall under the grounds for reversal ex officio, and thus, the judgment below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again determined following the pleading.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence, it is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;