All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The punishment of each court below (the first instance court: the imprisonment of 10 months, and the second instance court: the imprisonment of 1 year) is too unreasonable; and

2. As to the judgment of the court of first instance on its ex officio determination, the court of first instance served a copy of the indictment and a writ of summons on the method of serving public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings at the court of first instance and declared a judgment by proceeding a trial in the state of absence of the defendant. The defendant filed an appeal for recovery of the right of appeal while filing an appeal, and the court of first instance recognized the fact that the court of first instance made a decision to recover the right

According to the above facts of recognition, there are grounds for a request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the defendant's failure to attend the trial of the court of first instance due to the lack of reasons

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. In this respect, the original judgment cannot be maintained as it is (see, e.g., Supreme Court Decisions 2014Do17252, Jun. 25, 2015; 2015Do8243, Nov. 26, 2015). In addition, the first instance court and the second instance court sentenced the defendant to imprisonment for 10 months and imprisonment for one year, respectively.

The Defendant filed an appeal against each judgment of the lower court, and the appellate court decided to review the two appeals cases together.

However, each of the crimes of the court below against the defendant 1 and 2 shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act as a relation of concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, all the judgment of the court below against the defendant shall be reversed.

3. Accordingly, the judgment of the court below is justified as there are grounds for reversal of authority above.