All judgment of the court below shall be reversed.

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

1. The punishment sentenced by the first and second instances of the gist of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The first and second original judgments against the defendant were sentenced to each of them, and the defendant filed an appeal against them, and this Court decided to consolidate each of the appeals against the first and second original judgments. Each of the first and second original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one of the crimes under Article 38(1) of the Criminal Act should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the original judgment becomes unable

In addition, according to the records, the first instance court served a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and served a trial in the absence of the defendant and served six months with prison labor on the defendant. The defendant asserted that he/she was unable to participate in the trial because he/she filed a petition for recovery of the right of summons, etc. against the first instance judgment formally finalized by the court below. The first instance court recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant, and recognized that the first instance court rendered a decision to recover his/her right of appeal (Seoul Western District Court 2019 early 39, 2019) on January 18, 2019. Thus, it recognized that there was no reason attributable to the defendant who was unable to attend the trial of the first instance court, and therefore, there was a ground for request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court en banc Decision 2014Do17252).).

3. Conclusion.