The judgment below

Among them, the parts excluding the compensation order portion in the early 2019 shall be reversed.

A defendant shall be punished by imprisonment for six months.

The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Examination of the reasoning for appeal ex officio prior to the judgment of ex officio, and according to the records of trial of this case, the court of original judgment shall serve a writ of summons, etc. by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and shall proceed with the examination in the absence of the defendant and sentenced to six months of imprisonment. The defendant filed a petition for recovery of right of appeal in the court of original judgment on the ground that the summons, etc. was not served after the above judgment became formally final and conclusive, and the court of original judgment may recognize that the case constitutes a case where the defendant

Comprehensively taking account of the above progress of the case and the records of the trial of this case, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself.

Therefore, the defendant can be recognized as the grounds for a request for a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which corresponds to the grounds for appeal under Article 361-5 (13) of the Criminal Procedure Act.

As a result, the appellate court should reverse the judgment of the court below and render a new judgment in accordance with the results of the new trial after conducting new litigation procedures, such as serving a copy of indictment, etc. as the appellate court.

The judgment of the court below cannot be maintained as it is.

3. Where an appeal against an ex officio judgment of conviction against the part of the judgment of the court below regarding the compensation order is filed, the confirmation of the compensation order shall be interrupted, and it shall be transferred to the appellate court (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings), and even where the judgment of the court below is maintained at the appellate court (Article 33(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings), the court below’s compensation order may be revoked or revised (Article 33(4)