The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

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

On September 8, 2016, the lower court decided that the service of the accused to the public notice shall be made by means of serving the service of public notice. On October 7, 2016, the lower court conducted an examination of evidence under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and sentenced the accused to four months imprisonment on October 14, 2016.

When the Defendant was arrested for the purpose of executing a sentence in accordance with the lower judgment, on November 23, 2016, the Defendant applied for recovery of the right to appeal. On November 28, 2016, the court recognized that the Defendant was unable to appeal within the appeal period due to a cause not attributable to the Defendant, and rendered a decision to recover the right to appeal.

According to the above facts, there is no reason to assume that the defendant was unable to attend the trial of the court and there is a reason to request a retrial.

Accordingly, the judgment of the court below can no longer be maintained, since the public notice service decision is revoked in the trial and the copy, etc. of the indictment is served again, and all the trial proceedings, including the examination of evidence, are newly progress.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15 Subparag. 1 of the Act on the Establishment of Local Reserve Forces and Article 6 Subparag. 1 of the former Establishment of Local Reserve Forces Act (Act No. 14184, May 29, 2016) regarding criminal facts.