The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The Defendant, having a ground for retrial, was unable to attend the trial of the lower court due to a cause not attributable to himself, and there is a ground for requesting a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”).

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination on the assertion that there is a ground for retrial

A. In a case where the defendant was found guilty after having been absent pursuant to the main sentence of Article 23 of the Litigation Promotion Act (hereinafter “the Special Provisions”), the defendant may request a retrial of conviction pursuant to Article 23-2(1) of the Litigation Promotion Act (hereinafter “the Appellate Regulations”), unless there is any reason attributable to him/her, unless he/she has been absent.

B. The record reveals the following facts:

1) The lower court served a copy of the indictment, a writ of summons of the Defendant, etc. by means of service by public notice pursuant to the special provisions of this case on February 4, 2016. On May 24, 2016, the Defendant asserted that the Defendant was unable to attend the trial proceedings of the lower court because he was aware of the fact that the aforementioned conviction was formally final and conclusive on May 24, 2016, and was unable to be notified of the date of trial while requesting the recovery of the right to appeal to the lower court on the same day.

3. On June 17, 2016, the lower court rendered a decision to recover the right of appeal on the ground that the Defendant was not entitled to any liability within the appeal period, and the said decision became final and conclusive around that time.

C. According to the above facts, since the defendant was unable to appear on the date of the original trial due to a cause not attributable to him, there are grounds for the request for retrial under the provisions of the retrial in this case, and the grounds for the request for retrial in this case are reasons for appeal under Article 361-5, 13