The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Since the existence of the ground for request for retrial was not attributable to the defendant, the court below was unable to attend the trial of the court below. Thus, there is a ground for request for retrial under Article 23-2(1) of the Act on Special Cases Concerning

B. misunderstanding of facts and misapprehension of legal principles did not assault the Victim AJ, and even if so, constitutes a constituent element of the crime of assault.

Even if the defendant's act constitutes legitimate act or self-defense, illegality is excluded.

C. At the time of committing the crime, the Defendant was in a state with weak capacity to discern things or make decisions.

The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. According to the record on the existence of the grounds for request for retrial, the court of original judgment shall serve a copy of indictment and a writ of summons of the defendant by public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and shall be sentenced to one year of imprisonment by conducting hearings in the absence of the defendant, and thereafter, the defendant requested for recovery of the right of appeal on August 6, 2020 against the judgment of the court below which became formally final and conclusive, and the court of original judgment recognized that the defendant was unable to appeal within the appeal period on August 13, 2020 due to reasons for which

According to the above facts, since the defendant was unable to attend the trial of the court below due to a cause not attributable to him, there is a ground for requesting a retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial" which is the ground for appeal under Article 361-5

Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial, so the judgment of the court below cannot be maintained as it is.

(b).