The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 1.5 million won) is too unreasonable.

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

A. Comprehensively taking account of the following facts acknowledged by the record, the Defendant was unable to attend the trial proceedings of the lower judgment 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 Legal Proceedings.

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 notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced the defendant to a fine of KRW 1,50,000,000,000

(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.

B. The term “a crime for which judgment to punish with imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has not been adjudicated and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act

On August 25, 2016, the Defendant was sentenced to one year and two months of imprisonment for embezzlement, etc. at the Seoul Southern District Court (Seoul Southern District Court) on March 9, 2017.