The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this judgment.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence (six months of imprisonment) imposed by the defendant is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant.

According to the records of this case, the court below served a copy of the indictment and a writ of summons through the method of serving public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served the defendant with a prison labor for six months by conducting hearings in the absence of the defendant. The defendant alleged to the purport that he was unable to receive a copy of the indictment, etc. while claiming recovery of his right of appeal and was unaware of the fact that the judgment was pronounced, and the defendant was unable to appeal within the appeal period due to a cause not attributable to him

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

Since it is recognized, the part of the judgment of the court below against the defendant is no longer maintained in this respect.

3. As such, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the above part is reversed in accordance with the above provision, and it is again decided as follows.

[Reasons for the lower court’s judgment] The summary of the facts constituting an offense and evidence admitted by the court against the Defendant and the summary of the evidence are as follows: “a summary of the evidence” of the lower judgment is identical to the corresponding column of the lower court’s judgment, except for adding “1. Defendant’s trial testimony” to the first head, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.