The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. According to the records of ex officio determination, the court of original judgment shall serve a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and proceed with the deliberation in a state where the defendant was absent, and the defendant has filed an appeal against the judgment of the court below formally finalized, and requested recovery of his right of appeal against the defendant. The court of original judgment recognized that the defendant was unable to appeal within the period of appeal due to

It is recognized that there is no reason for the defendant to attend the trial of the court below and there is a reason for the request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph

Accordingly, since this court conducted a new litigation procedure by delivering a copy, etc. of indictment to the defendant, it became impossible to maintain the judgment below as it is.

(2) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except for the addition of “the Defendant’s trial testimony” to the summary of the evidence, and thus, it is identical to each corresponding column of the lower court’s judgment. Therefore, it is acceptable to accept it as it is in accordance with Article 369

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution;