All of the first and second original judgments shall be reversed.

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

1. Summary of grounds for appeal;

A. 2019No939 case (the first judgment) 1), the lower court having the ground for the request for a retrial, thereby constituting the grounds for the request for a retrial (hereinafter “the Act on Special Cases Concerning the Promotion, etc.”)

(2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too unreasonable, as the Defendant did not appear in the trial due to a cause not attributable to himself/herself, and the Defendant was unable to appear in the trial proceedings due to a cause not attributable to himself/herself, and there exist grounds for request for retrial under Article 23-2(1) of the Litigation Promotion Act.

B. The 2019No1378 case (the second judgment of the court below, unreasonable sentencing)’s imprisonment (one year of imprisonment) is too unreasonable.

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

On the defendant, the first and second original judgments were sentenced, and the defendant filed an appeal respectively, and the above two appeals cases were decided to be consolidated and tried by the court.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

3. Where the whereabouts of the defendant cannot be confirmed even after six months have passed since a report on the failure to serve on the defendant was received by the court of first instance pursuant to Article 23 of the Promotion of Litigation Act (hereinafter “Special Provisions”), with respect to a case that does not fall under death penalty, death penalty, imprisonment with or without prison labor for life, or imprisonment with or without prison labor for more than ten years, the judgment on the ground of the request for retrial (with regard to the first instance judgment), may be rendered without the statement of the defendant,

However, in case where the defendant who was convicted under the special provisions of this case was unable to attend the trial due to the reason that he could not be held responsible, the Act on the Promotion of Litigation shall apply.