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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, the court below held that ① the defendant was unable to confirm the whereabouts of the defendant and delivered a copy, etc. of indictment through service by public notice pursuant to Article 23 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings and sentenced the defendant to one year by imprisonment on May 9, 2019 when the defendant was absent; ② the defendant alleged that he was unaware of the fact that he was not aware of the fact that he was unable to receive a copy, etc. of indictment when he filed a petition for recovery of his right of appeal on May 24, 2019. The court below found that on June 10, 2019, the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant, and that in full view of the progress of the above case and the records of the case in this case, the court below determined that the defendant was unable to attend the trial of the court due to a cause not attributable to him, and that there was a ground for retrial under Article 23-2 of the Act on Special Cases concerning Promotion, etc. This constitutes a new ground for appeal procedure.
(See Supreme Court Decision 2015Do8243 Decided November 26, 2015, and Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015, etc.). Therefore, the lower judgment became impossible to maintain it as it is in this regard.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again reversed through pleading.