The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

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

According to the records of this case, the court of original judgment may recognize the fact that the defendant was found guilty on February 2, 2017 by serving a public notice of the merits of the indictment and the summons of the defendant on the part of the defendant pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”), and by proceeding the trial without his statement, and by proceeding on February 2, 2017. The defendant submitted a written request for recovery of his/her right and a petition of appeal to the court below on April 4, 2017, and the court of original judgment rendered a decision on the recovery of his/her right to appeal by recognizing that the defendant was unable to file an appeal within the period for

According to the above facts of recognition, it is recognized that the defendant was unable to attend the trial of the court below due to the reasons that he could not be held responsible.

Since it appears, there are grounds for a request for a retrial under Article 23-2 (1) of the Litigation Promotion Act.

Therefore, the appellate court, as an appellate court, shall proceed with a new litigation proceeding, such as serving a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Thus, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are stated in the judgment of the court below, except for the addition of "1. Defendant's trial testimony" to the summary of the evidence.