The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court.

Judgment ex officio is made.

1. According to the language and text of Articles 23 and 23-2(1) (hereinafter “Special Provisions”) and 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, in a case where the appellate court reverses the judgment of the first instance and declares a new or new conviction after the non-existence of the first instance court, and subsequently became final and conclusive, the Defendant, who was unable to attend the first instance court and the appellate court proceedings without any justifiable reason, may file a petition for review of the conviction with the appellate court within the period prescribed by the provisions of the retrial.

In light of the following circumstances acknowledged by the record, if the Defendant filed an appeal through the recovery of the right to appeal without requesting a retrial, it constitutes “when there is a ground for requesting a retrial” as prescribed by Article 383 subparag. 3 of the Criminal Procedure Act (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). 2. In light of the following circumstances acknowledged by the record, the Defendant was unable to appear in the first instance court and the lower court’s trial due to a cause not attributable to the Defendant.

I would like to say.

A. The first instance court served a copy of the indictment and a writ of summons by the method of serving public notice in accordance with the special provisions of this case, and served a defendant with a prison labor of six months after the defendant was absent, and sentenced the defendant to six months, and filed an appeal in an unfair sentencing only by the prosecutor.

B. The court below served a writ of summons, etc. through publication and proceeded with the trial under Article 365 of the Criminal Procedure Act while the defendant was absent pursuant to Article 365 of the Criminal Procedure Act, reversed the judgment of the court of first instance and sentenced the defendant to six months of imprisonment. The judgment of the court below became final and conclusive

(c)

The defendant does not receive a copy, etc. of the indictment, and thereby prosecuted.