The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence of the lower court (one year and six months of imprisonment) is too unlimited and unfair (the Defendant withdrawn his claim of mental disorder on the first trial date of the first trial of the lower court). 2. Determination ex officio;

A. In cases where a defendant filed a petition for recovery of his/her right of appeal against the judgment of the court of first instance, which was affirmed without a defendant's statement pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and the defendant filed a petition for recovery of his/her right of appeal, and where such grounds include circumstances in which the defendant could not be present in the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for a petition for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings exist. Thus, it is reasonable to deem that the grounds for appeal corresponding to

Therefore, in the above case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and there are such grounds.

If recognized, the judgment of the first instance court should be reversed, and a new judgment should be rendered in accordance with the result of the new trial, such as serving a duplicate of indictment, etc. (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). (b) According to the records of the judgment, the following facts are recognized.

1) Pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the lower court served a copy of indictment and a writ of summons, etc. on the method of serving public notice to the Defendant, and proceeded with the trial without the Defendant’s appearance, and sentenced the Defendant to imprisonment with labor for and on March 21, 201

2) On April 11, 2018, the Defendant submitted a written application for recovery of his right of appeal and a petition of appeal to the lower court. On April 25, 2018, the lower court recognized that the Defendant was unable to file an appeal within the period of appeal due to a cause not attributable to him/her, and rendered a decision to recover his/her right of appeal.

3) The Defendant is a copy of the indictment.