The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. According to the records of this case, the court below determined that the service of the defendant on March 27, 2014, when the copy, etc. of indictment is not served on the defendant, the service of the defendant on March 27, 2014 shall be made by means of public notice. The fact that the defendant was investigated into evidence on June 13, 2014 under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings; the court of original judgment sentenced the defendant eight months to the defendant on August 21, 2015; the fact that the above judgment became final and conclusive as the Doing period of appeal; the defendant claimed the recovery of his right to appeal against the above judgment; and thereafter, the defendant was deemed to have been unable to file an appeal within the statutory period due to

Therefore, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Special Act on the Promotion of Litigation, etc.

Recognizing this, this court has completed a new litigation procedure, such as serving a copy of indictment on the defendant, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). In this regard, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;