The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

The decision of the court below on the summary of the reasons for appeal (six months of imprisonment) is too unreasonable.

According to the records of this case, the court of original judgment determined that the service of the defendant on August 31, 2017, when the copy, etc. of indictment is not served on the defendant, shall be made by means of serving public notice. The court of original judgment determined that the service of the defendant on September 28, 2017 was made by means of serving public notice, and that the defendant was investigated into evidence on September 28, 2017 under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings; that the court of original judgment sentenced six months to the defendant on October 24, 2017; that the above judgment became final and conclusive by the lapse of the appeal period; that the defendant claimed the recovery of the right to appeal against the above judgment; that the defendant was unable to file

Therefore, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Special Act on the Promotion of Litigation, etc.

Recognizing this, this Court has completed a new litigation procedure, such as serving a copy of indictment on the accused, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). In this respect, the judgment of the court below became impossible to maintain as it is.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument, and the judgment of the court below is reversed and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is added to “1. The Defendant’s trial testimony at the court below” in the column of the evidence of the court below, and “1. The police interrogation protocol against the Defendant.”