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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. According to the records of ex officio determination, the court below served a writ of summons, etc. of the defendant through service by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed after the third trial date, and proceeded with a trial without the defendant's absence on September 12, 2018, and rendered a judgment of conviction on September 12, 2018. The defendant was hospitalized on January 7, 2018 when he/she was under hospital treatment due to an surgery for non-commercial cerebrovascular, and was under hospital treatment due to strong vertical paralysis, etc. on September 21, 2018. The court below filed an appeal along with the petition for recovery of the right to appeal; the court below deemed that the defendant was unable to appear due to the restriction on the recovery of his/her right to appeal and the date of trial on the ground that the defendant was not responsible for the failure to file an appeal within the appeal within the appeal period.

According to this, since the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant, there are grounds for request for retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and this court has conducted a new litigation procedure such as delivering a copy of indictment to the defendant. Thus, the judgment

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the summary of the evidence is as shown in the corresponding column of the lower judgment, except where “the Defendant’s oral statement” is added.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;