The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant's 40-hour child abuse.

1. The summary of the grounds for appeal: The lower court’s imprisonment (one year of imprisonment) is too unreasonable.

2. Ex officio determination

A. The record reveals that the court below served a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and served a trial in the absence of the defendant, and ordered the defendant to complete a child abuse treatment program for one year or 40 hours, and later, the defendant was unable to attend the trial," and the defendant filed a petition for recovery of his right of appeal on January 10, 2019, and the 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 court rendered

B. According to the above facts, the court below acknowledged that there is no reason attributable to the defendant in failure to attend the trial proceedings of the court below, and therefore, there is a reason to request a retrial pursuant to Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a reason to request a retrial", which is the reason for

Therefore, the trial court should proceed with a new litigation procedure against the defendant and render a new judgment according to the result of a new trial (see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). In this respect, the judgment of the court below was no longer maintained.

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

[The reasons for the judgment of the court below] The facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are different from each corresponding column of the court below's decision, except for adding "1. defendant's oral statement" to the summary of the evidence.