The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. According to the records of this case’s ex officio determination, ① the court below served a copy of the indictment and a writ of summons of the defendant in the manner of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and sentenced the defendant to six months of imprisonment by conducting deliberation in the absence of the defendant. ② When the defendant is arrested by the formal final and conclusive judgment of the court below, he immediately filed a request for recovery of his right of appeal, and the defendant asserted to the effect that he was unaware of the fact that he was unable to receive a copy of the indictment, a writ of summons of the defendant, etc. from the court because he did not move his address but did not move his resident registration address, and ③ The court of original judgment recognized that the defendant was unable to file an appeal within the period of appeal due to a

Thus, barring any other circumstance, there is a ground to request a retrial under the Special Act on the Promotion, etc. of Litigation due to the defendant's failure to attend the trial of the court below's failure

Recognizing that the appellate court, as the appellate court, newly conducted litigation by delivering a copy of indictment to the defendant, etc., the appellate court should reverse the judgment of the court below and render a new judgment in accordance with the result of the trial, such as statement in the trial, evidence examination, etc. (see, e.g., Supreme Court Decisions 2015Do8243, Nov. 26, 2015; 2014Do17252, Jun. 25, 2015). In this regard, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] Summary of facts constituting an offense and evidence.