The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

On August 17, 2016, the lower court determined that the service of documents of lawsuit should be made by means of public notice on August 17, 2016, where a copy, etc. of indictment is not served on the accused. On October 13, 2016, the lower court conducted an examination of evidence under the circumstance of the accused without his/her presence pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Enforcement Rule of the Act on Special Cases

When the Defendant was arrested by the enforcement of a sentence in accordance with the lower judgment, on December 22, 2016, the Defendant filed a petition for recovery of the right to appeal, and on December 23, 2016, the court recognized that the Defendant was unable to file an appeal within the appeal period due to a cause not attributable to the Defendant, and rendered a decision to recover the right

According to the above facts, there is no reason to assume that the defendant was unable to attend the trial of the court and there is a reason to request a retrial.

Accordingly, the judgment of the court below can no longer be maintained, since the public notice service decision is revoked in the trial and the copy, etc. of the indictment is served again, and all the trial proceedings, including the examination of evidence, are newly progress.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to 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 through pleading.

[Grounds for the new judgment] Criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, with the exception that the court below's order of "1. The defendant's interrogation protocol of the police interrogation of the defendant as "1. The defendant's trial statement" is applied to "the defendant's trial statement". Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.