The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.

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

According to the records, the court of original judgment shall serve a copy of the indictment and 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 shall proceed with the trial in the state of absence of the defendant, and the defendant filed a request for recovery of the right of appeal against the judgment of the court of original judgment formally finalized on December 2, 2020, and the court of original judgment rendered a decision to recover the right of appeal by recognizing that the defendant was unable to file an appeal within the appeal period on December 9, 2020

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment has a ground for a request for retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act.

Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial, so the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in accordance with the above ex officio reversal grounds, and it is again decided as follows.

【The reasoning of the judgment in its entirety 【The facts constituting the offense against the defendant and the summary of the evidence admitted by the court below and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal

Application of Statutes

1. Criminal facts;