The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unfluened and unreasonable.

2. Ex officio determination

A. In a case where a judgment of conviction becomes final and conclusive after the defendant was absent pursuant to the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”), if the defendant is unable to attend a trial due to a cause not attributable to him/her, he/she may request a retrial for conviction pursuant to Article 23-2(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”).

Therefore, the appellate court shall examine whether there are grounds for the request for retrial under the provisions of the retrial of this case, and there are such grounds.

If recognized, the judgment of the court of first instance shall be reversed, and a new judgment shall be rendered in accordance with the result of the new trial, such as serving a duplicate of indictment, etc. (see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). (b) According to the records, the lower court is recognized to have served a duplicate, etc. of indictment by means of serving public notice in accordance with the special provisions of this case and served a trial on August 17, 2018 when the Defendant was absent and sentenced to six months imprisonment.

Therefore, there is no reason to prove that the defendant was unable to attend the trial of the court below and there is a reason to request a retrial under the retrial of this case.

Since the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【The grounds for the new judgment of the court below] The criminal facts and the summary of the evidence admitted by the court below are "1. The protocol of interrogation of the suspect against the defendant" among the summary of the evidence of the court below.