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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 became final and conclusive.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;
2. As to the judgment of the first instance, which was pronounced guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings, where the defendant filed a claim for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her, if such cause includes circumstances in which the defendant could not be present at the trial due to a cause not attributable to him/her, it is reasonable to view that he/she has asserted that there was a cause for requesting a retrial under the provisions of the retrial, and that he/she has asserted the grounds for appeal corresponding to "when there exists
Therefore, an appellate court should examine whether there are grounds for a request for retrial under the provisions of review, and if it is deemed that there are grounds, the appellate court should reverse the judgment of the first instance court and render a new judgment in accordance with the results of the new trial.
(1) According to the records, the court of original judgment shall serve a writ of summons, etc. through service by public notice under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). The court of original judgment shall serve a writ of summons, etc. and sentenced the defendant to one year on June 18, 2020. The defendant alleged on July 10, 2020 that he/she was unable to appear in the trial due to reasons not attributable to his/her request for recovery of his/her right of appeal against the court of original judgment on July 10, 2020. The court of original judgment dismissed the defendant's request for recovery of his/her right of appeal, and the court of appeal shall be deemed to have rejected