The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

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

According to the records of this case, the court below served a copy of indictment, summons, etc. by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and proceeded with the procedure of trial in the absence of the defendant, and sentenced the defendant to six months of imprisonment on May 21, 2020. The defendant filed a claim for recovery of his right to appeal against the judgment of the court below which became formally final and conclusive on June 16, 2020, and the court below decided to recover his right to appeal by recognizing that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant on June 24, 2020.

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for requesting a retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes "when there is a ground for requesting a retrial" which is the ground for appeal under Article 3

Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are excluded from adding "1. The defendant's oral statement" to the summary of the evidence of the court below.