The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The court below was found guilty under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, but the defendant was unable to attend the trial due to a cause not attributable to him. Thus, the judgment of the court below is unlawful due to

B. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. According to the records of this case, the court below served a copy of the indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the defendant with a hearing in the absence of the defendant, and sentenced one year and six months to imprisonment. The defendant alleged that he was unable to receive a copy of the indictment, etc. while filing a petition for recovery of his right of appeal, and was unaware of the fact that the judgment was pronounced, and the defendant was unable to file an appeal within the appeal period due to a cause not attributable to him, respectively.

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

Since the judgment of the court below can no longer be maintained.

3. In conclusion, the defendant's appeal is reasonable, and the above grounds fall under the grounds for reversal ex officio, and thus, the judgment below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again determined following the pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in the corresponding column of the judgment below, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The defendant is on the reason of sentencing Article 35 of the Criminal Act for aggravated repeated crimes.