The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

The summary of the grounds for appeal (six months of imprisonment) of the lower court is too unreasonable.

2. Ex officio determination

A. According to the records of the judgment of the court below, except for a compensation order, the court below served a copy, etc. of the indictment by serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Litigation Promotion Act”) and proceeded with the trial on September 10, 2020 while the defendant was absent, and sentenced the defendant to six months of imprisonment. The defendant filed a request for recovery of his right of appeal on October 28, 2020 (the appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court's appellate court on November 11,

Recognizing that a decision to recover the right of appeal has been recognized.

According to the facts found above, the defendant was unable to attend the trial of the court below due to a cause not attributable to the defendant. Thus, the court below's judgment constitutes "when a cause for request for retrial exists" as the grounds for appeal prescribed in Article 23-2 (1) of the Litigation Promotion Act, which is the grounds for appeal prescribed in Article 361-5 subparagraph 13 of the Criminal Procedure Act (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Therefore, the court below should proceed with a new litigation and render a new judgment according to the result of a new trial, and the part of the court below's judgment excluding a compensation order cannot be maintained.

B. When the Defendant partly filed an appeal against a conviction among the judgment below, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the Defendant case (Article 33(1) of the Litigation Promotion Act). Therefore, the part of the compensation order among the judgment below is examined ex officio.

Although the Defendant did not expressly dispute the part of the compensation order among the judgment below, according to the records, the applicant for compensation in the court below was in the first instance, and the Defendant agreed on the applicant for compensation in the court below.