A defendant shall be punished by imprisonment for six months.

A. Five months of imprisonment with prison labor sentenced by the first instance court (as to the first instance judgment), is excessively unreasonable.

B. The fine of 2 million won sentenced by the second instance judgment (with respect to the second lower judgment) is excessively unfilled and unjust.

2. To examine ex officio the grounds for appeal by the prosecutor and the defendant prior to their judgment

First, as to the first judgment, the defendant filed an appeal against the second judgment, and the court of the first instance decided to consolidate the above two appeals cases, and the first and second judgments against the defendant should be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, in this regard, the judgment of the court below cannot be maintained any more.

In addition, according to the provisions of Article 19(2) of the Regulation on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if the summons of the defendant is made by public notice in the trial proceedings of the first instance, the court is required to have the defendant summoned by public notice for the trial without the defendant's statement at least two times in order

Therefore, in a case where a defendant who was summoned by public notice was absent, the trial proceedings may proceed in the absence of the defendant, only when the defendant had been absent by public notice after re-determination of the defendant by public notice.

(2) According to the records of this case, the court of Second Instance served several times on the Defendant’s residence as stated in the indictment and the Defendant’s domicile at the corrected address, but, on the grounds that the director is unknown or the addressee is unknown, etc., the Defendant’s location cannot be confirmed even though he/she was subject to measures such as investigation on the location location, telephone call, issuance of detention warrant, request for distribution of nomination, etc. (see, e.g., Supreme Court Decision 201Do1094, May 13, 201).