The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) 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 below served a summons, etc. as a means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and sentenced the defendant to six months of imprisonment by conducting a trial in the absence of the defendant. ② After that, the defendant filed an appeal against the court below, filed a request for recovery of the right of appeal, and asserted that he was unaware of the fact that the trial was underway, and ③ The court below recognized that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to the defendant

According to the above facts, since the defendant was unable to attend the trial of the court below due to the reason attributable to the defendant's failure to attend the trial of the court, the court below has a ground for the request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the appellate court, as the appellate court, shall proceed with new litigation procedures by delivering a copy, etc.

In this respect, the judgment of the court below can no longer be maintained.

B. According to the records, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on June 15, 2018 and on October 6, 2018, and became final and conclusive on October 6, 2018.

According to the above facts, the above special larceny, etc., which became final and conclusive in the night structure theft and judgment against the defendant, is in a concurrent relationship with the group after Article 37 of the Criminal Act, and at the same time under Article 39(1) of the Criminal Act, a punishment for larceny of intrusion upon a structure at night shall be imposed in consideration of equity with the case where a judgment is rendered at the same time.

In this respect, the judgment of the court below cannot be maintained as it is.

3. Conclusion.