The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness by drinking alcohol.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Ex officio determination

A. On November 26, 2015, 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 the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”) on the grounds that the whereabouts of the Defendant cannot be identified, and sentenced the Defendant to imprisonment with prison labor for ten months on November 26, 2015.

2) The Defendant asserted that the period of appeal against the lower judgment was expired, and that he was not aware of the fact that the indictment was filed, and filed a petition for recovery of his right to appeal.

3) On February 16, 2016, the court rendered a decision to recover the defendant's right to appeal by recognizing that the defendant's failure to appeal within the appeal period was caused by a cause not attributable to the defendant.

B. The ground for appeal for the right of appeal filed by the defendant is alleged to have a ground for the request for retrial under Article 23-2 (1) of the Litigation Promotion Act, and it is reasonable to deem that this ground for appeal corresponding to “when a ground for request for retrial exists” under Article 361-5 (1) 13 of the Criminal Procedure Act is alleged.

Even according to the record, there is no reason to request a retrial under the Civil Procedure Promotion Act because the defendant was unable to attend the trial of the court below due to the lack of any reason.

Recognized.

Therefore, the appellate court, as an appellate court, shall reverse the judgment of the court below and render a new judgment in accordance with the result of a new trial by delivering a copy, etc. of indictment again to the defendant (see Supreme Court Decision 2015Do8243, Nov. 26, 2015, etc.). Thus, the judgment of the court below cannot be maintained any more.

However, the above judgment of the court below should be reversed ex officio.