The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the records of this case reveal that the court below served a copy of the indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced one year to imprisonment by conducting hearings in the state of absence of the Defendant. The Defendant alleged that he/she was unable to receive a delivery of a copy of the indictment, etc. upon filing a petition for recovery of his/her right to appeal and was unaware of the fact that the judgment was pronounced. The fact that the decision to recover the right to appeal was made on the ground that

If so, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under the Special Act on the Promotion of Litigation, etc.

Since the judgment of the court below can no longer be maintained.

However, the defendant's assertion of mental disorder is still subject to the judgment of this court, which is examined below, despite the above reasons for reversal of authority.

3. According to the record of the instant case’s assertion of mental disorder, even though the Defendant was under the influence of alcohol at the time of the instant crime, the Defendant was deemed to have lacking the ability to discern things or make decisions due to drinking, in light of all the circumstances such as the background, means and methods of the instant crime, and the Defendant’s act before and after the instant crime.

It is not visible.

Therefore, the defendant's mental disorder is without merit.

4. Accordingly, the court below's decision on the ground that there is a ground for reversal ex officio.