The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five 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 (misunderstanding of facts, mental or physical weakness, and improper sentencing);

A. Although the Defendant, as he left the floor of the room, reduced excessive amount, and walked scams, the Defendant did not have any fact that knife the knife on the floor of the room or sticked to the scambling door, and threatened the victims.

B. At the time of the instant crime, the Defendant, under the influence of alcohol, had weak the ability to discern things or make decisions.

(c)

The sentence of the lower court (five months of imprisonment) is too unreasonable.

2. Determination

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

According to the records, the court below sent a writ of summons, etc. of the defendant through public notice service pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings and sentenced the defendant to five months of imprisonment by conducting a trial in the absence of the defendant. ② After that, the defendant filed an appeal against the judgment of the court below which became formally final and conclusive, and requested recovery of the right of appeal, and ③ The court below recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to

Therefore, barring any special circumstance, the court below's judgment on the ground that the defendant was unable to attend the trial of the court below and there is no reason to request a retrial under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion,

As such, the appellate court should proceed with new litigation procedures, such as delivering a copy of indictment again to the defendant, and make a new decision according to the result of new trial.

In this respect, the judgment of the court below is no longer maintained.

The judgment of the court below is reversed ex officio, but the defendant's mistake and the defendant's assertion of mental and physical weakness are still subject to the judgment of the court.

B. A prosecutor to determine the Defendant’s assertion of mistake of facts.