A defendant shall be punished by imprisonment for one year.

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

A. The punishment of Defendant 1’s original adjudication (three months of imprisonment) is too unreasonable.

B. The sentence of the second judgment of the prosecutor (two years of probation, two years of probation, observation of protection, and one hundred and twenty hours of community service in one year) is too uneased and unfair.

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

According to the records, the lower court: (a) served a copy of the indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings; and (b) served a judgment on the Defendant on January 18, 2017; and (c) thereafter, the Defendant filed a petition for recovery of his/her right of appeal with the lower court on February 8, 2017; and (d) filed a petition for recovery of his/her right of appeal with the lower court on March 16, 2017, deeming that the Defendant was unable to file an appeal within the appeal period due to reasons not attributable to the Defendant; and (e)

Therefore, barring any special circumstance, the court below's decision on the first instance court's ground that the defendant was unable to attend the trial proceedings of the court of first instance and there is no reason to request a retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

As such, the appellate court should proceed with new litigation procedures, such as delivering a copy of indictment again to the defendant, and make a new decision according to the result of new trial.

In this respect, the judgment of the first instance court is no longer maintained.

On the other hand, the prosecutor appealed against the judgment of the court of second instance, and this court decided to review each appeal case against the judgment of the court of second instance as well as the judgment of the court of second instance.

The first and second trials against the Defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and thus, they must be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Accordingly, the judgment of the court below cannot be exempted from all reversals.

3. Accordingly, the judgment of the court below should be reversed ex officio.