The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(a)

A request for the reinstatement of right of appeal shall be filed in writing within a period equivalent to the deadline for filing an appeal from the date on which grounds for appeal are closed, and an appeal shall be filed simultaneously with such request to the court of original judgment.

(Article 346(1) and (3) of the Criminal Procedure Act. The defendant was served with a written indictment by public notice, and the prosecutor appealed and filed a written appeal on the ground of unfair sentencing while the defendant was absent, and only the prosecutor appealed and submitted the written appeal on the ground of unfair sentencing. When the defendant was detained separately, the court of the original instance served the defendant with the written notification of the receipt of the trial records and the prosecutor’s appellate brief. In a case where the defendant becomes aware of the date, case number, criminal name and sentence of the judgment through the prosecutor’s written notification of the receipt of the trial records and the written appeal of the prosecutor’s written appeal, barring any special circumstance, it shall be deemed that the

Therefore, if a request for recovery of the right of appeal and appeal are not made within the period of appeal, the request for recovery of the right of appeal can not be made.

B. According to the record, the following facts are revealed.

(1) On December 23, 2016, the first instance court served a copy, etc. of the indictment on the Defendant’s domicile; however, on December 23, 2016, the Defendant served a copy, summons, etc. of the indictment by public notice pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings through the detection of his/her address, etc., along with the correction of his/her address, which was not served with the addressee’s unknown address; and served a trial without the Defendant’s absence;

(2) On September 19, 2017, the prosecutor appealeds the above judgment on the grounds of unreasonable sentencing, and thereafter files a statement of grounds for appeal.