The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too uneased and unfair.

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

Where a judgment of conviction in the first instance becomes final and conclusive by dismissing the prosecutor’s appeal after only the prosecutor appealeds from the trial of the first instance that was proceeded with with without the defendant being absent pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”), and the appellate court also dismissed the prosecutor’s appeal after the prosecutor’s absence of the defendant. If the defendant was unable to attend the trial of the first instance and the appellate court’s trial without any cause and filed a final appeal due to the restoration of the right to appeal, it constitutes “when there is any cause for petition for retrial” as prescribed by Article 383 subparag. 3 of the

In addition, according to the purport of the judgment of reversal and transmission that the appellate court, after remanding the case that is reversed for the above reason, proceed with the new litigation procedures, such as the delivery of a copy of indictment, etc., and then a new judgment shall be rendered according to the new result of the trial, according to the purport of the judgment of reversal and transmission that the first instance court was conducted pursuant to special provisions without any cause attributable to the defendant.

(2) According to the records, the lower court’s judgment on June 25, 2015 (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). In so doing, the lower court served a copy of the indictment and a writ of summons, etc. by means of service by public notice pursuant to special provisions, and served the Defendant with a term of imprisonment by proceeding an examination in the absence of the Defendant, and sentenced the Defendant to one year.