The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime as Grade 2 with intellectual disability.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

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

The lower court made the Defendant appear on the first trial date, and proceeded with the trial, and notified the sentencing date simultaneously with the closure of pleadings.

However, the prosecutor subsequently filed an application for consolidation while instituting a public prosecution against other crimes of the defendant. Accordingly, the court below sent the defendant a notice of the decision to resume pleadings in the original case and the decision to consolidate the concurrent cases, the book of the public prosecution case, the summons of date, etc. to the defendant, but did not serve the notice of closure

After that, the court below served a copy of the indictment and a writ of summons of the defendant in a combined case by serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, as it is impossible to confirm the whereabouts of the defendant even after taking measures to confirm the whereabouts of the defendant, such as correction of address, request for detection of location, issuance of detention warrant, etc., and sentenced the defendant guilty by conducting a trial without the statement of the defendant while the defendant was absent, and the

After that, the defendant filed a request for recovery of his right of appeal on the ground that he was unable to receive the notice of a copy of indictment, and the court of original instance decided to recover his right of appeal on the ground that the defendant was unable to file an appeal within the period of appeal due to a cause not attributable to the defendant.

As such, there is a ground for retrial that the judgment of the court below is a case where the defendant who was convicted and became final and conclusive cannot be held in the trial due to the reason that the defendant cannot be held liable.

The defendant shall make a request for reopening of procedure for this reason.