The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the sentence imposed by the defendant (4 months of imprisonment) is too unhued.

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

A. According to the records of recognition, the following facts are recognized.

1) On June 9, 2016, the lower court served a copy, etc. of the indictment on the method of serving public notice pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the Defendant cannot be confirmed, and served the procedure of trial in the absence of the Defendant, and sentenced the Defendant to four months of imprisonment on the ground that the Defendant was sentenced to imprisonment on June 9, 2016. In so doing, the lower court appealed by the prosecutor and sentenced the appellate court to dismiss the prosecutor’s appeal on December 21, 2016, on the ground that the whereabouts of the Defendant cannot be verified, and the appellate court served a duplicate, etc. of the petition by serving

2) On January 23, 2017, the Defendant filed a petition for the recovery of the right to appeal by asserting that he/she did not know that he/she was prosecuted on the grounds that he/she was not served with a duplicate of indictment.

3) On March 10, 2017, the appellate court prior to remand rendered a decision to reinstate the defendant’s right to appeal on the ground that the defendant’s failure to appeal within the period of appeal was caused by a cause not attributable to the defendant, and the defendant appealed.

4) On May 17, 2017, the court of final appeal rendered a judgment of first instance pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. while the defendant was absent due to a cause not attributable to him/her, and rendered a judgment of dismissal of the appeal by proceeding a trial with the absence of the defendant due to a cause not attributable to him/her.

The judgment of the appellate court before remanding the case on the ground that there are grounds for the request for retrial, which is the grounds for appeal prescribed in Article 383 subparagraph 3 of the Criminal Procedure Act.