The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Sentencing sentencing on the gist of reasons for appeal

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

According to the special provisions of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the text and legislative intent of the provisions of Article 23-2 of the same Act, even in a case where only the prosecutor appealeds against the first instance trial conducted with the absence of the defendant in accordance with the above special provisions, and the appellate court also dismissed the prosecutor’s appeal after the absence of the defendant and thereby the first instance judgment became final and conclusive, the defendant who was unable to attend the first instance trial and the appellate court’s trial without any reason, may file a petition for review of the conviction with the court of first instance within the period prescribed by the above special provisions.

In such a case, if the defendant filed an appeal through the recovery of the right to appeal without requesting a retrial, this constitutes “when there is a ground for request for retrial” as prescribed by Article 383 subparag. 3 of the Criminal Procedure Act, and thus, the judgment of the court below can be reversed or copied.

After remanding the case that is reversed for the above reason, the court below, which proceed with the appellate trial procedure again, shall regard the ground for ex officio reversal as the ground for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act in the judgment of the court of first instance, and further proceed with new litigation procedures, such as serving a copy of the indictment, etc., and make a new judgment according to the result of the new trial.

According to the records, the court below sent a copy of the indictment and a writ of summons by the method of public notice pursuant to the above special provisions and sentenced the defendant to one year by conducting a trial in the absence of the defendant, and the prosecutor appealed the defendant unfairly in sentencing. The court prior to the remand served a writ of summons, etc. by the method of public notice delivery and proceed with the trial in the absence of the defendant pursuant to Article 365 (2) of the Criminal Procedure Act.