The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Existence of re-examination: The Defendant was unable to attend the trial proceedings of the lower court due to a cause not attributable to him.

B. Sentencing: The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Determination as to whether there is existence of a re-examination

A. As to the judgment of the first instance court rendered guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, in cases where the defendant claimed and cited the right to appeal for the reason that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her without requesting a retrial pursuant to the provisions of the retrial, if such cause includes circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to view that he/she has asserted that there was a cause for requesting a retrial pursuant to the provisions of the second instance, and that he/she has asserted the grounds for appeal corresponding to "when there exists a cause for requesting

Therefore, in the case above, the appellate court should examine whether the grounds for the request for retrial under the provisions of the retrial exist, and there are such grounds.

If it is recognized, the judgment of the first instance court should be reversed following the new litigation procedures, such as serving a duplicate of indictment, etc., and the new trial results should be ruled again in accordance with the results of the new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). (b) According to the records of this case, the following facts may be recognized:

1) On February 24, 2016, the lower court served a writ of summons by means of public notice pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and rendered a judgment of conviction for six months on March 31, 2016, at the end, the Defendant was absent.

2) On June 10, 2016, the Defendant filed a petition for recovery of his/her right of appeal against the lower judgment that became final and conclusive formally, and was unable to receive a writ of summons, etc.