The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

except that this judgment.

1. The summary of the reasons for appeal (unfair sentencing) is that the sentence of the court below (one year of imprisonment with prison labor and four months of imprisonment with prison labor) is too unreasonable.

2. As to the judgment of the first instance court rendered guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Judgment (hereinafter "the Act on Special Cases Concerning the Promotion, etc.") where the defendant filed a petition for recovery of right to appeal for the reason that the defendant or his/her representative could not file an appeal within the period for filing an appeal for reasons not attributable to him/her, if such grounds include circumstances in which the defendant could not be present at the trial due to reasons not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to "when grounds for filing an appeal exist" under Article 361-5 (1) 13 of the Criminal Procedure Act are asserted.

Therefore, in this case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2 (1) of the Litigation Promotion Act, and there are such grounds.

If recognition is made, the judgment of the first instance court shall be reversed, and the judgment shall be rendered again in accordance with the result of a new trial, such as serving a copy of the indictment, etc. (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). The first instance court decided to serve the Defendants on February 9, 2017 in public notice, and served them with a copy of the indictment and a writ of summons by means of serving public notice and served them on the Defendants on April 26, 2017, and tried on April 26, 2017 in the absence of the Defendants. The Defendants were sentenced to imprisonment with labor for one year with labor for the Defendants, and four months with labor for the Defendants, and the Defendants filed a request for the recovery of their right of summons, etc. while they filed a request for a final and conclusive judgment of the first instance court for the recovery of their right of summons, etc.