The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Determination of the main sentence of the grounds for appeal is unreasonable;

2. The judgment of the court below was conducted pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the judgment of conviction was rendered after the defendant was absent due to a cause not attributable to

The defendant was unable to file an appeal within the period of appeal due to a cause not attributable to him/her, and filed a claim for recovery of appeal.

Although the defendant did not request a retrial in accordance with Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, it is understood that he or she argued the reasons for the request.

The judgment of the court below is a ground for request for retrial under Article 361-5 Item 13 of the Criminal Procedure Act.

(See Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015, and Supreme Court Decision 2016Do19387 Decided February 15, 2017, etc.).3. The lower court’s conclusion has a ground for ex officio reversal.

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment shall be reversed and rendered following pleadings:

Criminal facts

Criminal facts recognized by this court are as stated in the corresponding column of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes of the Ministry of Justice on daily service situation, such as a written accusation, a written investigation of a deviation from service, a written investigation of a deviation from service, a personal statement and management

1. The defendant for reasons for sentencing under Article 89-2 subparagraph 1 of the Act on the Punishment of Criminal Crimes and Article 89-2 of the Military Service Act, who has been sentenced to suspended sentence for the same crime, is inevitable to sentence sentence;

However, considering the factors of sentencing revealed in the appellate trial trial, such as the fact that the defendant recognizes his mistake, the sentence below the original judgment is sentenced.