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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (one hundred months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
(3) According to Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19(1) of the Rules, if the defendant's whereabouts were not confirmed until six months have passed since his/her address was received, the court below shall strictly interpret that "when the above six-month period was received" which serves as the starting date for the defendant's right to trial and defense is the minimum period set for the defendant's defense. (See Supreme Court Decisions 2003Do4983, Nov. 14, 2003; 2014Mo157, Oct. 16, 2014; 1). According to the records, the court below's notice was served again on July 1, 2017 by the defendant who was absent from the above 20-year summons on the date of public trial, and 200-year residential address and 50-year residential address of the defendant.