The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

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

On October 19, 2016, the lower court determined that the service of the defendant to the public is made by means of serving public notice. On November 25, 2016, the lower court sentenced the defendant to imprisonment for eight months on December 23, 2016, where the defendant did not appear in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

After the above judgment became formally final and conclusive on July 6, 2017, the defendant filed a petition for recovery of his right to appeal to the lower court. On August 9, 2017, the court recognized that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant and rendered a decision to recover his right to appeal.

According to the above facts, there is no reason to assume that the defendant was unable to attend the trial of the court and there is a reason to request a retrial.

The judgment of the court below can no longer be maintained, since the public notice service decision is revoked in the trial and the copy, etc. of the indictment is served again, and all of the trial proceedings, including the examination of evidence, are newly progress.

3. The judgment of the court below is reversed ex officio as above. The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 228(1) and Article 30 of the Criminal Act for the crime at issue (a point of entry as an electronic record, etc.), Articles 229, 228(1), and 30 (a) of the Criminal Act for each of the crimes at issue (a point of events, such as an electronic record, entered as a false statement) of the same Act, and Article 30 of the same Act.