The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for each of the crimes of the 2016 highest order of 3896, 2016 highest order of 4498.

1. Summary of grounds for appeal;

A. Illegal sentencing of the lower court (each of the crimes in the 2016 highest order of 3896, 2016 highest order of 4498: Imprisonment with prison labor for one year, and imprisonment with prison labor for 2016 highest order of 2016 highest order of 5682: 8 months) is too unreasonable.

B. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to the Defendant. Therefore, the lower court erred by misapprehending the legal doctrine on the promotion, etc. of a lawsuit (hereinafter “instant application”) under Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Determination as to the existence of grounds for request for retrial

A. Where the accused of the relevant legal doctrine was found guilty due to his/her absence under the main sentence of Article 23 of the Litigation Promotion Act, but the accused could not attend the trial due to a cause not attributable to him/her, a request for a retrial on the conviction under Article 23-2(1) of the Litigation Promotion Act may be made.

As to the judgment of the first instance court rendered guilty without the defendant's statement pursuant to Article 23 of the Litigation Promotion Act, in cases where the defendant claimed for recovery of the right to appeal and accepted it on the grounds that the defendant or his/her representative could not file an appeal within the period for filing an appeal for reasons not attributable to him/her pursuant to Article 23-2 (1) of the Litigation Promotion Act, if such grounds include circumstances in which the defendant could not be present in the trial due to reasons not attributable to him/her, it is reasonable to view that the above provisions of the Criminal Procedure Act indicate that there exists a reason for requesting a retrial, and that the grounds for appeal corresponding to "when a ground for requesting a retrial exists" under Article 361-5 (13) of the Criminal Procedure Act are asserted.

Therefore, the appellate court should examine whether there are grounds for the request for a retrial under the above retrial provision.

If it is recognized, the judgment of the first instance court is reversed, and new hearings are conducted, such as serving a duplicate of indictment, etc.