The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records of this case, the court below served a copy of the indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and proceeded with the procedure of trial in the absence of the defendant, and sentenced the defendant to ten months of imprisonment on February 6, 2020. The defendant filed a claim for recovery of his right to appeal against the judgment of the court below which became formally final and conclusive on March 20, 2020, and the court below decided to recover the right to appeal by recognizing that the defendant was unable to file an appeal within the appeal period due to reasons not attributable to the defendant on April 1, 2020.

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for requesting a retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial," which is the ground for appeal under Article 3

Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

[Discied reasoning of the judgment of the court below] Except for the addition of the defendant's statement in this court to the summary of facts constituting an offense and a summary of evidence recognized by this court, "1. The defendant's statement in this court" as stated in the judgment of the court below.