The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Progress of the instant lawsuit

A. The lower court, on November 22, 2018, sentenced the Defendant to eight months imprisonment on November 22, 2018, where the Defendant was absent, after serving the Defendant with a copy of the indictment, etc., by means of public notice, pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and served the Defendant with a writ of summons, etc.

B. The prosecutor appealed the lower judgment against the Defendant on the ground of unreasonable sentencing, and served a writ of summons, etc. to the Defendant by means of service prior to the remanding of the case by public notice, and tried to examine the Defendant in the absence of the Defendant under Article 365 of the Criminal Procedure Act, and sentenced the prosecutor’s appeal dismissed on June 27, 2019.

C. On July 15, 2019, the Defendant filed a petition for recovery of the right of appeal (Seoul Northern District Court 2019 early 865) on the ground that “the Defendant was unable to be served with the indictment, etc.,” with respect to the judgment before remanding the case, and subsequently accepted the petition on August 8, 2019.” Accordingly, the final appeal proceeding was reversed the judgment prior to remand on the ground that “the judgment prior to remand has the grounds for the request for retrial” and remanded the case to the competent court.

2. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court against the Defendant is deemed unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

Where a judgment of conviction in the first instance becomes final and conclusive by dismissing the prosecutor's appeal after the prosecutor appealeds only from the trial of the first instance, which was proceeded with without the defendant's absence, in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter "Special Provisions"), and the appellate court also dismissed the prosecutor's appeal after the non-appearance of the defendant, if the defendant was unable to attend the trial of the first instance and the appellate court without any cause, and filed a final appeal due to the restoration of the right to appeal, then Article 383 of the Criminal Procedure Act.