All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for three months and the second instance judgment: imprisonment with prison labor for ten months) is too unreasonable.

B. The sentence sentenced by the lower court of the second instance by the prosecutor is too unhued and unreasonable.

2. We examine ex officio the reasons for ex officio appeal.

A. This Court held that each appeal case against the judgment of the court below was consolidated and tried, and that each of the crimes of the above cases joined are concurrent crimes under the former part of Article 37 of the Criminal Act. As such, one of the above crimes shall be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below which sentenced a separate punishment against the defendant cannot be maintained in this point.

B. In addition, the record reveals that the court below served a copy of the indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and sentenced ten months to imprisonment by conducting hearings in the absence of the defendant. The defendant claimed recovery of his right of appeal, alleged to the purport that he was unable to receive a copy of the indictment, etc. and was not aware of the fact that the judgment was pronounced, and that the decision of recovery of his right of appeal was made on the ground that the defendant was not appealed within the appeal period due to

According to the above facts of recognition, there are grounds for a request for retrial under the Special Act on the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the second court due to the lack of reasons

Since it is recognized, the judgment of the second court cannot be maintained any more in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and the judgment below is again decided as follows.

Criminal facts

(b).