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

2. Prior to the judgment on the grounds for appeal by the defendant, the court below examined ex officio prior to the judgment on the grounds for appeal by the defendant. The court below notified the defendant of the sentencing date after closing arguments as the defendant was present on the first trial date and closed arguments, and delayed the sentencing date two times or more by requesting the extension of the sentencing date for agreement. However, the defendant did not appear on the third trial date, requested the defendant to issue a warrant of detention and to nominate the defendant, and returned the subsequent detention warrant to the impossibility of execution, even though six months have not passed since the receipt of the report on the failure of delivery to the defendant, and sentenced the defendant to the court by making an amendment without the attendance of the defendant. This trial procedure is unlawful in violation of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and thus, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the fact that the accused has been punished by a fine not less than 10 times for the same kind of crime, the fact that it is a crime during the period of repeated crimes, and the method of crime.