The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. According to the special provisions of Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and the language, text, and legislative intent of the provisions of Article 23-2 of the same Act, even in a case where only the prosecutor appealeds against the first instance trial proceeding without the absence of the defendant pursuant to the above special provisions, and the appellate court also dismissed the prosecutor’s appeal after the non-appearance of the defendant and thereby the first instance judgment became final and conclusive, the defendant, who was unable to attend the first instance trial and the appellate trial proceedings without any reason, may file a request for a retrial of the conviction with the court of first instance within the period prescribed by the

must be viewed.

In addition, in the above case, if a defendant filed an appeal through the recovery of the right to appeal without requesting a retrial, it may be deemed that the case constitutes “when there is a ground for request for retrial” as prescribed by Article 383 subparag. 3 of the Criminal Procedure Act. The court below, after remanding the case that is reversed for the above reason, shall proceed with the appellate trial procedure after ex officio reversal, on the ground that there is a ground for request for retrial falling under the grounds for appeal under Article 361-5 subparag. 13 of the Criminal Procedure Act, and shall proceed with a new litigation procedure, such as serving a copy of the indictment again, and shall render a new judgment according to the result of the new trial (see Supreme Court Decision 2015Do1054, Aug. 27, 2015, etc.). According to the records, the first instance court shall serve a copy and summons of the indictment by the method of public notice as prescribed in the above special provisions and shall conduct a trial in the form of a formal absence of the defendant, thereby serving the defendant one year and six months after the public prosecutor’s dismissal of the summons in accordance with Article 65 of the Criminal Procedure Act.