All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (unfair sentencing): The sentence of the lower court (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 3 months) is too unreasonable.

2. Ex officio determination

A. According to the records of this case on the ground of ex officio reversal of the judgment of the court below on the ground of the first instance, the court below determined that the service of the defendant to the defendant on July 27, 2015 should be made by means of public notice, in order to ensure that the copy, etc. of the indictment is not served on the defendant, and conducted an examination of evidence on November 2, 2015 under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the Promotion, etc. of Legal Proceedings, the court below sentenced the defendant on November 18, 2015, and sentenced the defendant eight months in imprisonment with prison labor on November 18, 2015, the fact that the above judgment became final and conclusive by the appeal period, and thereafter, the defendant claimed the recovery of the right to appeal against the above

Therefore, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Special Act on the Promotion of Litigation, etc.

Recognizing this, this Court has completed a new litigation procedure, such as serving a copy of indictment on the accused, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015, etc.). Accordingly, the judgment of the first instance court cannot be maintained as it is.

B. The judgment of the court below on the grounds of ex officio reversal against the judgment below was rendered and the defendant filed each appeal against the judgment of the court below, and the court decided to hold the above two appeals jointly with each other.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act.