The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The lower court did not know the fact that the judgment was in progress, and there was no opportunity to attend the lower court judgment.

2. The lower court determined that the Defendant’s location could not be confirmed even after six months have passed since the receipt of a report on the failure to serve on the Defendant pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (the grounds for the request for a retrial) and determined to serve the public notice, and sentenced the Defendant to one year of imprisonment with prison labor for the Defendant

In regard to the judgment of the first instance, which was pronounced guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her without a request for reexamination under the provisions of reexamination, and where the grounds for appeal include circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to "when a cause for requesting a retrial exists" under Article 361-5 subparagraph 13 of the Criminal Procedure Act is asserted by

Therefore, the appellate court should examine whether there are grounds for the request for retrial under the provisions of the retrial.

If recognized, the judgment of the first instance court is reversed, and a new judgment is to be rendered in accordance with the result of the new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). According to the records, the Defendant immediately requested the recovery of his/her right of appeal, and failed to attend the trial due to the failure of being served with the copy, etc. of the indictment, etc., of the written indictment, when the Defendant is arrested by the execution of a punishment in accordance with the judgment below which became formally final and conclusive.