The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Comprehensively taking account of the following facts acknowledged by the record, the defendant is unable to attend the trial of the court of original instance due to a cause not attributable to him, and thus, he may request a retrial under Article 23-2 (1) of the Act on Special Cases concerning Promotion, etc. of Lawsuit

Therefore, this court shall reverse the judgment of the court below and render a new judgment in accordance with the result of the trial in this court (see, e.g., Supreme Court Decision 2014Do17252, Jun. 25, 2015). Thus, the judgment of the court below cannot be maintained as it is.

(1) The original court served a copy of the indictment and a writ of summons of the defendant by means of public notification pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced the defendant to one year after he/she has been absent for the trial.

(2) The defendant was unable to be served with a duplicate, etc. of indictment and was unaware of the fact that judgment was pronounced.

The claim for recovery of the right of appeal was filed.

(3) The original court recognized that the defendant was unable to appeal within the period of appeal due to any cause not attributable to him/her and decided to recover his/her right to appeal.

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

[Grounds for the judgment below] The summary of facts constituting an offense and evidence admitted by the court below is as follows. The summary of facts constituting an offense and evidence is as stated in the judgment of the court below in addition to adding "the defendant's oral statement at the court below" to the summary of evidence of the court below's judgment. Thus, it is so decided by Article 369 of the Criminal Procedure Act