The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. According to the records of ex officio determination, the court of original judgment shall serve a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and proceed with the deliberation in a state where the defendant was absent, and the defendant has filed an appeal against the judgment of the court below formally finalized, and requested recovery of his right of appeal against the defendant. The court of original judgment recognized that the defendant was unable to appeal within the period of appeal due to

Recognizing that the Defendant did not have any reason attributable to the lower court’s failure to attend the trial proceedings, and thus, there is a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). Accordingly, the lower court’s judgment was unable to be maintained as it was, since the Defendant had been newly

3. Accordingly, 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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except for the addition of “the Defendant’s trial testimony” to the summary of the evidence, and thus, it is identical to each corresponding column of the lower court’s judgment. As such, it is cited as it is in accordance with Article 369 of the

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), and the choice of imprisonment for a crime;

1. Aggravation for concurrent crimes;