We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. As to the judgment of the court of first instance, the punishment of the said judgment (six months of imprisonment) is too unreasonable.

B. The judgment of the court below of the second instance is unfair because the punishment (two months of imprisonment) of the above judgment is too unreasonable.

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

According to the records, the court of first instance shall serve a copy of the indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and shall proceed with the deliberation while the defendant is absent, and the defendant requested the recovery of his right on January 23, 2020 against the judgment of the court of first instance which became formally final and conclusive, and the court of original judgment recognized on February 6, 2020 that the defendant was unable to file an appeal within the appeal period due to the cause not attributable to the defendant, and thus,

According to the above facts, the Defendant was unable to attend the first instance trial due to a cause not attributable to the Defendant. Therefore, the first instance court’s judgment on the grounds of a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for appeal” as prescribed in Article 361-5 subparag. 13

Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial, so the judgment of the court of first instance cannot be maintained as it is.

On the other hand, although the court below sentenced a separate judgment against the defendant as to each of the crimes of each judgment of the court below, the court below held concurrent trials, and each of the above crimes is concurrent crimes as provided in the former part of Article 37 of the Criminal Act, and sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. Thus, the court below's judgment of the

3. Accordingly, the judgment of the court below has the above reasons for ex officio reversal.