The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended sentence) of the lower court is too unreasonable;

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, where a defendant claims the recovery of right to appeal for the reason that he/she could not file an appeal within the period for filing an appeal due to a cause not attributable to the defendant or his/her agent without a request for reexamination pursuant to the provisions of the retrial and where the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to deem that he/she has asserted that there was a cause for the request for reexamination under the provisions of the retrial, and that he/she has asserted the reason for appeal corresponding to “when there exists a cause for the request for reexamination”

Therefore, an appellate court should examine whether there are grounds for a request for retrial under the provisions of review, and if it is deemed that there are grounds, the appellate court should reverse the judgment of the first instance court and render a new judgment in accordance with the results of the new trial.

(Supreme Court Decision 2015Do8243 Decided November 26, 2015). According to records, the lower court served a writ of summons, etc. through service by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and served a trial in the absence of the Defendant, and sentenced the Defendant on April 18, 2019 to two years of suspension of execution. The Defendant filed a petition for recovery of his/her right to appeal against the lower judgment on October 29, 2019. The lower court recognized that the Defendant was unable to file an appeal within the appeal period due to a cause not attributable to the Defendant, and thus, recognized that the lower court rendered a decision to recover his/her right to appeal (the Busan District Court Branch Branch Branch 2019Hu636).

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