The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

1. The decision of the court below on the gist of the grounds for appeal (one-year imprisonment, etc.) is too unreasonable.

2. According to the records of ex officio determination, the court of original judgment shall serve a copy of indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and shall proceed with deliberation in the absence of the defendant and thereby sentenced to imprisonment for one year, etc.; the defendant alleged in the judgment below formally finalized that he was unaware of the fact that the public prosecution of this case was instituted against the judgment below which became final and conclusive; and the court of original judgment shall recognize that the defendant was unable to appeal within the appeal period due to a cause not attributable to him, and thus,

According to the above facts, the Defendant was unable to attend the trial of the lower court due to a cause not attributable to the Defendant. Therefore, the lower court’s judgment constitutes “when a cause for request for retrial exists” as the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act, which is the grounds for appeal (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, the lower court’s judgment cannot be maintained as it is, given that the Defendant was unable to be held in the trial due to a cause not attributable to the Defendant.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

【Grounds for a new judgment of the court below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the court below's judgment except for adding "1. Defendant's oral statement" to summary of evidence. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.