All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. The punishment of the lower court (one year and six months of imprisonment) and that of the second instance court (two years and six months of imprisonment) is too unreasonable.

B. The second sentence of the lower court, which is too uneasible, is unfair.

2. Ex officio determination

A. As to the Defendant, the first and second judgments of the lower court were rendered, the Defendant was sentenced to each of the first and second judgments, and the Prosecutor filed each appeal against the second judgment, and this court decided to jointly deliberate on the appeal cases against the first and second judgments of the lower court.

The first and second judgments of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

B. In addition, according to the records, the first court served a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served a trial in the absence of the defendant, and sentenced one year and six months to the defendant, and the defendant filed a petition for recovery of his right of appeal in the first instance judgment which became formally final and conclusive, while filing an appeal against the first instance court which became final and conclusive, and the first instance court recognized that the defendant was unable to appeal within

Recognizing that the Defendant did not have any reason attributable to the failure of the lower court to appear in the trial proceedings of the first instance court, it is recognized that there exists a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). Accordingly, the lower court was unable to maintain the first instance court’s judgment in this respect, as it was newly

3. As such, the judgment of the court below Nos. 1 and 2 is reversed ex officio, and the defendant and the prosecutor respectively.