The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The defendant shall be treated for 40 hours of sexual assault.

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. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, 40 hours of order) is too unreasonable.

2. According to the records, the court of original judgment shall serve a copy of the indictment and a writ of summons of the defendant, etc. through service by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and shall proceed with the trial in the absence of the defendant, and thereby, sentenced 10 months of imprisonment and 40 hours of order to complete the trial. After which, the defendant, on November 21, 2019, requested the judgment of the court below formally finalized, to recover the right of appeal on December 19, 201, and the court of original judgment recognized on December 19, 201 that the defendant was unable to appeal within

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.

3. If so, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the judgment below is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence.