The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. (1) The lower court found Defendant 1 guilty of each of the facts charged of this case by misunderstanding the facts, although the Defendant misunderstanding of the facts did not wish to the victim B or assault the police officer D, the lower court found Defendant 1 guilty of each of the facts charged of this case, and she was mentally and physically deprived or physically in a state of mental and physical weakness due to depression, alcohol dependence, dementia, and awareness disorder at the time of the instant crime.

Article 22 of the Criminal Procedure Act (6 months of imprisonment) provides that the sentence of the court below (6 months of imprisonment) is unfair.

B. The Prosecutor’s sentence is too unhued and unreasonable.

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

According to the records of this case, the lower court: (a) served a summons, etc. of the Defendant on the method of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and proceeded with the trial in the absence of the Defendant on July 5, 2017; and (b) asserted to the effect that the Defendant was unaware of the progress of the trial due to the Defendant’s failure to receive notice of the date of hospitalization when claiming recovery of his/her right to appeal against the judgment of the lower court formally finalized; and (c) recognized that the Defendant was unable to appeal within the appeal period on April 12, 2018 due to the cause not attributable to the Defendant; and

Therefore, barring any special circumstance, there is no reason to believe that the defendant was unable to attend the trial of the court below, and thus, there is a ground to request a retrial under the Act on Special Cases concerning the Promotion of Lawsuit falling under the Reasons for Appeal under Article 361-5 Item 13 of the Criminal Procedure Act

As such, the appellate court should proceed with a new litigation procedure against the defendant and make a new decision according to the result of a new trial.

Therefore, the judgment of the court below can no longer be maintained.

However, the defendant's person who has a reason for such an ex officio reversal.