All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 8 months and imprisonment for 6 months) by the court below is too unreasonable.

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

A. According to the records on the existence of grounds for retrial (the first instance court’s judgment), the first instance court served a copy, etc. of indictment by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed, and served the trial proceedings in the absence of the defendant, and sentenced the defendant to the punishment for eight months on February 8, 2018. The defendant asserted to the effect that on July 9, 2019, the defendant did not know the fact that a public prosecution was instituted because he/she did not receive a copy, etc. of indictment while requesting the recovery of the right to appeal against the lower court’s judgment on July 1, 2019, and that this court rendered a decision to recover the defendant’s right to appeal by recognizing that the defendant was unable to file an appeal within the appeal period due to

According to the above facts, the defendant was unable to attend the trial of the first instance court due to a cause not attributable to himself. Thus, the first instance court's judgment recognized the grounds for a request for retrial pursuant to Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes the grounds for appeal prescribed in Article 361-5 subparagraph 13 of the Criminal Procedure Act. Accordingly, the appellate court, which is the appellate court, should reverse the first instance judgment and render a new decision according to the new result of the trial, and thus, the first instance judgment cannot be maintained.

B. The consolidated defendant filed an appeal against the judgment of the court below and the pleading was combined at the trial. Each crime of each crime that the judgment of the court below rendered is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.