The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for one year from the date this judgment becomes final.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. We examine ex officio the defendant's reasons for appeal prior to the determination of ex officio.

According to the records, the court below served a writ of summons, etc. on the defendant by means of service by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed and sentenced to four months in the absence of the defendant, and the defendant filed a request for recovery of his/her right to appeal with the Suwon District Court on February 27, 2019, and the above court can recognize the fact that the defendant made a decision on March 6, 2019

In full view of the circumstances of the above case and the records of this case, since the defendant is deemed unable to attend the trial of the court below due to a cause not attributable to himself, the defendant recognized the grounds for requesting a retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes the grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act, the appellate court, which is the appellate court, shall reverse the judgment of the court below and render a new decision according to the new result of the trial.

(see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). In this respect, the lower judgment became impossible to maintain as it is.

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

[Reasons for the judgment of multiple times] The Defendant of criminal facts is from the fourth floor stairs of the building located in Ansan-gu, Mayang-si, Mayang-si, on December 8, 2017, to the police officer affiliated with the Ansan-gu Police Station C District, who was dispatched after receiving a report from 112, stating that “the Defendant fright the fright of drinking” and “the Defendant fright the fright of drinking.”