The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The lower court did not know the fact that the judgment was in progress, and there was no opportunity to attend the lower court judgment.

2. Determination

A. The lower court determined that the Defendant’s location could not be confirmed even after six months have passed since the receipt of the Defendant’s report pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and rendered a public disclosure decision, and sentenced the Defendant to six months of imprisonment without labor without the Defendant’s statement.

In regard 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 Legal Proceedings, where the defendant filed a petition 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 without a request for reexamination under the provisions of reexamination, and where the grounds for appeal include circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to "when a cause for requesting a retrial exists" under Article 361-5 subparagraph 13 of the Criminal Procedure Act is asserted by

Therefore, the appellate court should examine whether there are grounds for the request for retrial under the provisions of the retrial.

If recognized, the judgment of the first instance court is reversed, and a new judgment is to be rendered in accordance with the result of the new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). According to the records, when the defendant is arrested by the execution of punishment according to the judgment of the court below which became formally final and conclusive, he/she immediately filed a petition for recovery of his/her right to appeal and was not served with the copy, etc. of the indictment.