The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Progress of litigation;

A. Pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the lower court served a copy of the indictment and a writ of summons by public notice, etc., and proceeded with the trial while the Defendant was absent, thereby finding the Defendant guilty of the facts charged in this case and sentenced

B. The prosecutor appealed on the judgment of the court below prior to remand on the ground of unfair sentencing.

A writ of summons, etc. was served by public notice prior to remand and the prosecutor's appeal was dismissed after the trial was conducted while the defendant was absent pursuant to Article 365 of the Criminal Procedure Act.

C. The defendant appealed against the judgment of the court of final appeal prior to remand.

The court of final appeal reversed the judgment of the first instance prior to remand and the case was remanded to the court of final appeal on the ground that “The judgment of the court of final appeal prior to remand is a ground for request for retrial,” on the ground that the court of final appeal rendered a judgment of the first instance pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. while the defendant was absent due to a cause not attributable to the defendant, and the court of final appeal rendered a judgment of the court of final appeal (the court of final appeal prior to remand) is not held responsible for the defendant

2. The lower court’s imprisonment (six months of imprisonment) against the Defendant in light of the gist of the grounds for appeal is too unfased and unreasonable.

3. We examine ex officio the grounds for appeal by the ex officio judgment prosecutor.

According to the records, ① the court of original judgment served a copy of the indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served a copy of the indictment by public notice, and tried a trial in the absence of the defendant, and sentenced the defendant to six months of imprisonment. ② The prosecutor appealed only from unfair sentencing, and served a writ of summons, etc. by public notice prior to remand and the defendant was absent pursuant to Article 365