The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness or loss of mental health due to mental illness, such as bipolar disorder, alcohol dependence, etc.

B. The sentence of one-year imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal by the defendant.

1) With respect to a case that does not fall under death penalty or imprisonment with or without labor for an indefinite term or for a term of more than ten years, a trial may be conducted without a statement of the defendant, as prescribed by the rules of the Supreme Court, where it is impossible to confirm the whereabouts of the defendant even after six months have passed since the receipt of the report on the failure to serve on the defendant, as stipulated by the rules of the Supreme Court.

However, in a case where a defendant who has been convicted pursuant to the special provisions and became final and conclusive was unable to appear in the trial proceedings due to a cause for which he/she could not be held responsible, he/she may request the first instance court to conduct a retrial within 14 days from the date on which he/she became aware of the fact that the judgment was rendered pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “Rules for Review”). If he/she fails to request a retrial within the above period due to a cause for which he/she could not be held responsible, he/she may request the first instance court to conduct a retrial within

As to the first instance judgment which became final and conclusive after having rendered a conviction without a statement of the defendant in accordance with special provisions, in a case where the defendant filed an appeal within the period of appeal for the reason that the defendant or his/her representative could not file an appeal within the period of appeal due to a cause not attributable to him/her without a request for retrial pursuant to the provisions of retrial, the defendant cannot be held liable during such cause.