All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The gist of the appeal is heavier than the original sentence.

2. Ex officio determination

A. The reasoning for ex officio reversal following the consolidation of judgment Nos. 1 and 2 was examined together with the judgment of the court below. Each of the crimes of the first and second rulings in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment for which

The judgment of the court below cannot be maintained as it is.

B. The following facts are acknowledged according to the reasoning of the lower judgment’s ex officio reversal of the judgment of the first instance.

(1) The first original court shall be entitled to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter referred to as "Litigation Promotion").

On December 23, 2015, the defendant was sentenced to imprisonment with prison labor on December 23, 2015, by serving a copy of the indictment, a writ of summons, etc. by means of public notice service pursuant to Article 23, and proceeding hearings in the absence of the accused.

② On December 31, 2015, when the Defendant became aware of the fact that a judgment became final and conclusive as a result of the enforcement of a sentence by the lower judgment, the Defendant asserted to the effect that he/she was unaware of the fact that he/she was unable to receive a duplicate of the indictment and was unable to receive a duplicate of the indictment, upon receiving a request for the recovery of his/her right to appeal (Seoul Central District Court 2016 early 19)

③ On February 1, 2016, the above court rendered a decision to recover the right to appeal by recognizing that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant.

2) The Defendant did not appear in the trial proceedings of the lower court and there are grounds for filing a petition for retrial under the Civil Procedure Promotion Act because he did not have any reason to

Recognizing the fact that this court has tried to proceed with a new litigation procedure, such as serving a duplicate of indictment on the defendant, and the judgment of the first instance court cannot be maintained as it is.

3. All the judgment of the court below are reversed, and it is again decided as follows after the pleading.

Criminal facts

Except for the addition of “1. Defendant’s legal statement at the appellate court” to the “a summary of evidence” column of the first trial decision on the summary of evidence and the summary of evidence, the judgment of the court below is the column.