The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below (eight months of imprisonment).

2. Ex officio determination

A. In cases where a defendant filed a claim for recovery of his/her right of appeal against the judgment of the court of first instance, which became final and conclusive guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter "Special Cases of this case"), if the circumstance in which the defendant could not be present in the trial due to a cause not attributable to him/her is included in the grounds, it is reasonable to deem that there is a ground for a request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is reasonable to deem that the grounds for appeal corresponding to "when a cause for request for retrial exists" under Article 361-5 (13) of

Therefore, in the above case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and there are such grounds.

If recognized, the judgment of the first instance court should be reversed, and a new judgment should be rendered in accordance with the result of the new trial, such as serving a duplicate of indictment, etc. (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). (b) According to the records, the following facts are recognized.

① The lower court sentenced the Defendant on June 7, 2017, by serving a copy of the indictment and a writ of summons, etc. on the method of serving public notice to the Defendant pursuant to the special provisions of this case, and proceeding the trial in the state of the Defendant’s failure to appear.

② On August 7, 2017, the Defendant submitted a written request for recovery of his/her right to appeal and a petition of appeal to the lower court. On August 10, 2017, the lower court recognized that the Defendant was unable to file an appeal within the period of appeal due to a cause not attributable to him/her, and decided to recover the right to appeal, and the decision became final and conclusive.

(3) The service of a sprink, a copy of indictment, a writ of summons, etc. shall be made public.