1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for nine months;

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. According to the records of ex officio determination, ① the court of original judgment shall serve a writ of summons, etc. on the defendant by means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings, and sentenced one year to imprisonment by conducting deliberation in the absence of the defendant, ② the defendant has filed a claim for recovery of right of appeal against the judgment of final and conclusive court, ③ The court of original judgment recognizes that the defendant was unable to appeal within the appeal period due to a cause not attributable to him

As the Defendant was unable to attend the trial in the lower court due to a cause not attributable to the Defendant, the lower court’s judgment constitutes “when there is a cause for requesting a retrial” (see Supreme Court Decision 2015Do8243, Nov. 26, 2015) which is 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). Therefore, the lower court cannot be maintained as it is, given that the lower court is proceeding with a new

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to “1. Defendant’s trial testimony” under the second page 11 of the summary of the evidence of the lower judgment, the summary of the facts charged and the evidence is identical to each corresponding column of the lower court’s judgment; and (b) thus, they are cited in accordance with

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (abundance) concerning criminal facts.