The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. Ex officio determination

A. According to the records, the court of original judgment may recognize the following facts: (a) serve a writ of summons, etc. by service by public notice to the defendant pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings and proceed with the trial in the state of absence of the defendant and thus sentenced six months to imprisonment with prison labor; (b) the defendant alleged to the effect that he was unable to attend the trial because he requested the recovery of his right of appeal against the judgment of original judgment formally finalized, and failed to receive the documents of lawsuit due to failure to receive the documents of lawsuit; and (c) the court of original judgment recognized that the defendant was unable to appeal within the appeal period due to any cause not attributable to the defendant; and

B. According to the above facts, it is recognized that there is no reason attributable to the Defendant in his/her failure to attend the trial in the lower court, and there is a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, the lower court’s judgment cannot be maintained as it is, given that the Defendant newly

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument, and the following decision is delivered through new pleadings.

[Dao-written judgment] Criminal facts and summary of evidence acknowledged by this court are cited in accordance with Article 369 of the Criminal Procedure Act, with the exception that "the police interrogation protocol of the defendant against the defendant 1." in the summary of evidence as "1. The defendant's trial statement" is the same as the corresponding column of the judgment of the court below.

Application of Statutes

1. Criminal facts;