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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (e.g., 10 months of imprisonment) by the lower court is too unreasonable.
2. As to the judgment of the first instance, which was pronounced guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings, where the defendant filed a claim for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her, if the grounds include circumstances in which the defendant could not be present at the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for the request for retrial pursuant to the provisions of the retrial include the grounds for the request for retrial, and that the grounds for appeal corresponding to "when a cause for
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.
(See Supreme Court Decision 2015Do8243 Decided November 26, 2015 (see, e.g., Supreme Court Decision 2015Do8243). According to records, the court of original judgment is recognized as having 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 state of absence of the defendant and sentenced the defendant to ten months in imprisonment on July 24, 2019. The defendant filed a petition for recovery of his/her right to appeal against the lower court on October 4, 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 on October 10, 2019.
According to the above facts of recognition, it is attributable to the defendant's failure to attend the trial of the court below.