The part of the judgment of the court of first instance and the judgment of the court of second instance concerning the defendant's case shall be reversed.

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

1. Each sentence (the first instance court: imprisonment with prison labor for 6 months and the second instance: imprisonment with prison labor for 1 year) declared by the original court on the gist of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. According to the records, the court of first instance rendered a decision to recover the right of appeal by recognizing that (i) the defendant was not appealed within the appeal period due to a cause not attributable to the defendant, and (ii) the defendant filed an appeal against the court of first instance and filed a request for recovery of his/her right of appeal, and (iii) the court of first instance recognized that the defendant was not appealed within the appeal period due to a cause not attributable to him/her, and (iv) recognized that the court of first instance rendered a decision to recover the right of appeal.

According to the above facts, since the defendant was unable to attend the trial of the court of first instance due to the lack of reasons for the failure of the court of first instance to attend the trial, the court below held that there are grounds for the request for retrial pursuant to Article 23-2 (1) of the Act

Therefore, 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In this respect, the judgment of the first instance court is no longer maintained.

B. The defendant filed an appeal against the judgment of the court below and the pleading was combined at the trial of the court. Since each of the crimes listed in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s unfair argument of sentencing, on the grounds that the judgment of the court below is reversed ex officio as seen above.