1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for five months;

1. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable, because of the gist of the grounds for appeal

(2) According to the records of ex officio determination, ① the court of original judgment served a writ of summons, etc. on the defendant by means of service by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced to eight months of imprisonment by conducting hearings in the absence of the defendant; ② the defendant has filed a claim for recovery of the right of appeal against the judgment of the court which became formally final and conclusive; ③ The court of original judgment recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant;

Since the Defendant was unable to attend the trial in the trial due to a cause not attributable to the Defendant, there was a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for requesting a retrial,” which is the ground for appeal under Article 361-

(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, this Court shall proceed with a new litigation proceeding and render a new judgment according to the result of a new trial, and thus, the lower judgment cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows. The summary of the court below's judgment is the same as the corresponding column of the court below's judgment, except where "1. Police interrogation protocol against the defendant" in Part 6 of the second part of the summary of the evidence is deemed as "1. The defendant's trial testimony". Thus, it is acceptable as it is in accordance with Article 369

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;