The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

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

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

In accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, in cases where a defendant filed a petition for recovery of his/her right of appeal on the grounds that he/she could not file an appeal within the period for filing an appeal due to a cause not attributable to the defendant or his/her representative without a request for reexamination pursuant to the provisions of reexamination, and where the defendant included circumstances in which he/she could not attend the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to “when a cause for filing a request for reexamination exists” under Article 361-5 subparag. 13 of the Criminal Procedure Act is asserted by the provisions of reexamination.

Therefore, the appellate court should examine whether there are grounds for the request for retrial under the provisions of the retrial.

If recognized, the judgment of the court of first instance shall be reversed, and a new judgment shall be rendered in accordance with the result of the new trial (Supreme Court Decision 2015Do8243 Decided November 26, 2015). According to the records, the court of original judgment shall serve a writ of summons, etc. 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 on August 19, 2020 when the defendant was absent, and the defendant shall submit a request to the Director General of Suwon District Court for recovery of the right to appeal on September 2, 2020 and filed a request for recovery of the right to appeal with the court of original appeal. The court of original judgment recognized that the defendant was unable to file an appeal within the appeal period due to any cause not attributable to the defendant on September 10, 2020 and recognized that the decision to recover the right to appeal (the former District Court Decision 2020 early 4520) was recognized.

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