The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The court below's compensation order.

1. Determination of the summary of the grounds for appeal (unfair punishment for ten months) shall be inappropriate;

2. Ex officio determination

A. The judgment of the court below was conducted in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings in a state where the defendant was absent, and the judgment of conviction was pronounced.

The defendant filed a claim for recovery of the right to appeal on the ground that he/she could not file an appeal within the period of appeal due to a cause not attributable to him/her.

Although the defendant did not request a retrial in accordance with Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, it is understood that he or she argued the reasons for the request.

The judgment below

Among the defendant cases, there are grounds for a request for retrial prescribed in Article 361-5 subparagraph 13 of the Criminal Procedure Act.

(Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015, and Supreme Court Decision 2016Do19387 Decided February 15, 2017, etc. (see, e.g., Supreme Court en banc Decision 2014Do19387, Feb.

An ex officio determination order on a compensation order is a special form of litigation that is allowed to be filed in particular incidental to a criminal procedure in order to facilitate the recovery of victims' damage where certain requirements prescribed by Article 25 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings are met, and it does not order the performance of liability for compensation for non-performance of civil law or tort

From the day after the compensation order was served, the period during which the compensation obligation arrives is recognized to result in delay of the defendant.

The damages for delay shall be calculated by the statutory interest rate prescribed by the Civil Act, unless otherwise prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

The damages for delay in the amount of 33,660,00 won (33,60,000 won stated in the original judgment) shall be limited to the amount calculated by the rate of 5% per annum under the Civil Act from the following day of delivery of the compensation order to the day of full payment.

The judgment below

Among those compensation orders, no compensation order shall be maintained.

3. Conclusion of the lower judgment.