The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

The above fine shall be imposed on the defendant.

We examine ex officio prior to the judgment on the reason for an appeal for an improper decision on the grounds of appeal.

According to the text and legislative intent of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 23-2 (1) of the same Act, even in cases where the first instance court, which was proceeded pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, appealed only by the prosecutor, and the appellate court, also dismissed the prosecutor’s appeal and thereby the first instance judgment became final and conclusive, the defendant who was unable to attend the trial at the first instance court and the appellate court’s trial without any cause, may file a petition for review of the conviction with the court of first instance within the period prescribed by the above provision pursuant to Article 23-2 (1) of the same Act.

must be viewed.

In addition, in the above case, if the defendant filed an appeal through the recovery of the right to appeal without requesting a retrial, it can be deemed as constituting “when there is a ground for request for retrial” as provided by Article 383 subparag. 3 of the Criminal Procedure Act, and thus, it can be deemed as constituting “when there is a ground for request for retrial.”

B. In accordance with the purport of the judgment reversed and remanded, the lower court, which followed the appellate trial procedure again, shall be deemed to fall under the grounds for ex officio reversal on the grounds for appeal under Article 361-5 subparag. 13 of the Criminal Procedure Act, and shall proceed with the new litigation procedures, such as sending a copy of indictment, etc., to the court of first instance, and make a new judgment according to the results of the new trial.

Judgment

According to the records, the following facts are recognized:

The original court sent a writ of summons, etc. by means of public notice pursuant to the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and sentenced the defendant guilty by conducting hearings in the absence of the defendant.

Therefore, the prosecutor appealed and the appellate court (the appellate court before remand) also cannot identify the location of the defendant.