The judgment of the court below is reversed.

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

The decision of the court below on the summary of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The record reveals the following facts.

(1) The original court served a copy of the indictment and a writ of summons by means of public notification and notification pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. and proceeded with the trial in the state of absence of the defendant, and sentenced ten months to imprisonment on January 9, 202.

② The Defendant asserted to the effect that he was unaware of the fact that he was unable to receive a writ of summons, etc. as he filed a request for recovery of his right of appeal immediately when the Defendant was arrested in the course of a formal and final judgment of the lower court.

③ Accordingly, the original court recognized that the defendant was unable to file an appeal within the appeal period due to any cause not attributable to him and decided to recover his right of appeal.

According to the above facts of recognition, the Defendant was unable to attend the trial of the court below due to a cause not attributable to the Defendant. Therefore, the court below’s judgment constitutes grounds for a request for retrial under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparag. 13 of the Criminal Procedure Act.

Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the results of a new trial, so the judgment of the court below cannot be maintained as it is (Supreme Court Decision 2020Do2189 Decided April 29, 2020). 3. The judgment of the court below is reversed ex officio as the above grounds for reversal are reversed, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and it is again decided after pleading as follows.

[Grounds for the judgment to be used again] Summary of facts constituting an offense and evidence recognized by the court is summary of the facts and evidence.