The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to him. Therefore, the lower court erred by misapprehending the legal doctrine on the grounds for filing a petition for retrial under Article 23-2(1) of the Act on Special Cases Concerning

B. As to the special damage among the facts charged in this case of mistake of facts, the Defendant: (a) in the process of putting the victim by hand in order to threaten the victim; and (b) taking the knife with the remaining hand in order to knife the knife by hand, only the back knife of the victim’s knife and did not have the intention of damage.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.

C. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the record on the argument that there exists a ground for request for retrial, the court below may recognize the fact that the court below made a decision to recover the right of appeal on the ground that, even after taking measures to confirm the whereabouts of the defendant, such as correction of address, request for detection of location, issuance of detention warrant, etc., a copy of indictment and a writ of summons of the defendant cannot be confirmed, etc. by means of service by public notice under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and that the defendant was sentenced to imprisonment for eight months by conducting hearings in the absence of the defendant. When the defendant was arrested in the execution of punishment in accordance with the above judgment of the court below formally finalized, the defendant filed a request for recovery of the right of appeal on the ground that the defendant did not receive a copy of indictment

According to the above facts, there is no reason for the defendant to attend the trial of the court below, and there is a reason for the request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.