The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant suffered from mental and physical illness at the time of the instant crime, and was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court to the Defendant (five months of imprisonment) is too unreasonable.

2. The court below, ex officio, sentenced the defendant to conduct a trial and make a judgment in the absence of the defendant by serving all documents including a copy of indictment on public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, it is reasonable to see that the defendant was unable to attend the trial in the court below due to a cause not attributable to responsibilities. Thus, it is reasonable to see that the defendant was unable to attend the trial in the court below. In such a case, the court shall reverse the judgment of the court below and render a judgment again in accordance with the new trial result after proceeding new litigation procedures, such as serving a copy of indictment, etc. again to the defendant (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). 3. The judgment of the court below is reversed ex officio, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument on the grounds for appeal.

【Reasons for another judgment】 The Criminal Procedure Act refers to the addition of “the defendant’s oral statement” to the summary of the facts constituting a crime and the evidence, as well as the corresponding parts of the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

Defendant

The record of this case shows that the defendant suffered from a mental disease at the time of stopping each of the crimes of this case, and that he was under the influence of alcohol, but in light of the circumstances before and after the crime, etc., the mental and physical loss or mental weakness is also a state of mental and physical weakness.