The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Progress of the instant lawsuit

A. On June 11, 2018, the lower court served a writ of summons, etc. to the Defendant by means of service by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, in which the Defendant was served with a duplicate of the indictment, was present on the date of trial, and was unable to grasp the whereabouts of the Defendant without being present on the sentencing date, and sentenced the Defendant to one year and six months

B. A prosecutor appealed the judgment of the court below on the ground of unfair sentencing, and the court prior to remand served a writ of summons, etc. on the defendant by public notice, and conducted the trial in the absence of the defendant under Article 365 of the Criminal Procedure Act, and rendered a judgment dismissing the prosecutor’s appeal on May 24, 2019.

C. On September 11, 2019, the Defendant: (a) filed a petition for recovery of the right to appeal against the judgment rendered by the competent court prior to remand (U.S. District Court 2019 early 1941); and (b) received a decision from the Defendant to recover the Defendant’s right to appeal on October 4, 2019; and (c) accordingly, the final appeal proceeding was conducted on the grounds that “the lower court erred by violating the procedure of the decision of service by publication; and (d) the lower court prior to remand erred by failing to correct the lower court’s error ex officio.”

2. The summary of the reasons for appeal (one year and six months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

3. We examine ex officio the prosecutor’s grounds for appeal prior to the judgment ex officio.

A. According to the relevant legal principles under Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”) and Articles 18 and 19 of the Special Rules on Promotion, etc. of Legal Proceedings are not cases falling under death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the first instance trial.