The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

A victim shall have his/her resident registration certificate (No. 1) seized.

1. Summary of grounds for appeal;

A. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

B. There was no opportunity to attend the original judgment, even though the existence of the grounds for the request for retrial was unaware of the fact in the original judgment.

2. As to the judgment of the first instance court rendered guilty without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings as to the existence of a ground for request for retrial (hereinafter "the Act on Special Cases Concerning the Promotion of Legal Proceedings"), in cases where the defendant filed a claim for the recovery of right to appeal for the reason that the defendant or his/her representative could not file an appeal within the time limit for appeal due to a cause not attributable to himself/herself under Article 23-2 (1) of the Act on the Promotion of Civil Procedure, if the circumstance in which the defendant could not be present in the trial due to a cause not attributable to him/her, it is reasonable to deem that the above provision provides that there is a ground for request for retrial and that there is a ground for request for retrial under Article 361-5 (1) 13 of the Criminal Procedure Act

Therefore, the appellate court should examine whether there are grounds for the request for a retrial under the above retrial provision.

If recognized, the judgment of the first instance court should be reversed, and a new judgment shall be rendered according to the result of the new trial, by serving a duplicate of indictment, etc. (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). The following facts are acknowledged according to the records.

① The lower court determined that the Defendant’s location could not be confirmed even after six months have passed since the receipt of the Defendant’s report pursuant to Article 23 of the Litigation Promotion Act, and sentenced the Defendant to a four-month imprisonment without the Defendant’s statement.

(2) The defendant shall be punished by the judgment of the court below which became final and conclusive formally.