The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Examination of the reasoning for appeal ex officio prior to the judgment on the ground for appeal of ex officio. According to the records of this case, the court of original judgment shall serve a writ of summons, etc. by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and sentenced one year to imprisonment by conducting deliberation in the absence of the defendant. The defendant filed a petition for recovery of right of appeal in the court of original judgment on the ground that the summons, etc. was not served after the above judgment became formally final and conclusive, and the court of original judgment may recognize that this constitutes cases where the defendant was unable to appeal within

Comprehensively taking account of the above progress of the case and the records of the trial of this case, the defendant seems not to have been able to attend the trial of the court below for the reason that he cannot be held responsible unless there are special circumstances.

Therefore, the defendant should be recognized as the grounds for a request for a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes the grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act.

Ultimately, the appellate court, as the appellate court, should proceed with new litigation procedures, such as serving a duplicate of indictment, and reverse the judgment of the court below and render a new judgment in accordance with the result of a new trial (see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). In this regard, the judgment of the court below cannot be maintained as it is.

3. 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 of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by the court.