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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant had a mental and physical loss or mental weak condition under the influence of alcohol at the time of committing each of the instant crimes.
B. The sentence of the lower court (one year of imprisonment) against an unfair defendant in sentencing is too unreasonable.
2. According to the court below's ex officio review of the reasons for appeal of ex officio, and the records of this case, the court below's decision to recover the right of appeal can be recognized by recognizing the following facts: (a) the court below served a writ of summons, etc. of the defendant by means of public notice service pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served a trial in the absence of the defendant; and (b) the defendant filed a petition for recovery of the right of appeal to the court below on the ground that the summons, etc. was not served after the above judgment became formally final and conclusive; and (c) the court below
Comprehensively taking account of the above progress of the case and the records of the trial of this case, the defendant seems not to have been able to attend the trial of the court below for the reason that he cannot be held responsible unless there are special circumstances.
Therefore, the Defendant shall be deemed to have the grounds for requesting a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. This constitutes the grounds for appeal prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act. Accordingly, the judgment of the lower court against the Defendant becomes unable to maintain as it is, after proceeding with a new litigation procedure, such as serving a copy of indictment, etc. as the appellate court, is to reverse the judgment below and to render a new judgment according to the result of a new trial (see Supreme Court Decisions 2015Do8243, Nov. 26, 2015; 2014Do17252, Jun. 25, 2015).
However, among the judgment of the court below, the defendant's person has a reason for reversal as above.