A defendant shall be punished by imprisonment for six months.

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime due to drinking, etc.

B. The lower court’s sentence (six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Ex officio determination

A. According to the court below's ex officio review of the grounds for appeal, and the records of this case, the court below's decision to recover the right of appeal can be acknowledged by recognizing that the court below's decision to recover the right of appeal is a case where the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant, and the court below's decision to recover the right of appeal is recognized.

Comprehensively taking account of the above progress of the case and the records of the trial of this case, the defendant seems not to have been able to attend the trial of the court below for the reason that he cannot be held responsible unless there are special circumstances.

Therefore, the Defendant shall be deemed to have the grounds for requesting a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and this constitutes the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act. Accordingly, the lower court’s judgment cannot be maintained as it is, inasmuch as the appellate court is the appellate court that rendered a final appeal, should proceed with new litigation procedures, such as serving a copy of indictment, and reverse the lower judgment and render a new judgment according to the result of a new trial (see Supreme Court Decisions 2015Do8243, Nov. 26, 2015; 2014Do17252, Jun. 25, 2015).

B. On the other hand, the prosecutor opens a credit cooperative located at the seat of the party in the facts charged in the case No. 1345 of the High Order 2017.