The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. In light of the records, prior to the judgment on the grounds for appeal ex officio, the court below served a copy of the indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced six months of imprisonment with prison labor, while the defendant was absent.

Accordingly, the defendant alleged that he was unaware of the fact that he was pronounced a sentence because he was unable to receive a copy, etc. of indictment when he filed a request for recovery of his right of appeal on April 3, 2019, and that the court below recognized on April 15, 2019 that the defendant was unable to file an appeal within the period of appeal due to a cause not attributable to him, and recognized that the court of original judgment rendered a decision of recovery

According to this, it is recognized that there are grounds for a request for retrial under Article 23-2 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings because the defendant was not responsible for failing to attend the trial of the court below, and this constitutes "when there are grounds for request for retrial" under Article 361-5

(see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, this Court has to proceed with new litigation procedures and render a new judgment according to the result of a new trial by delivering a copy, etc. of indictment to the Defendant. As such, the lower judgment was unable to be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument, and the judgment below is again decided as follows.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court.