The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed, respectively.

Defendant .

1. The main points of the grounds for appeal are as follows. Each of the lower court’s punishment (the first instance judgment: imprisonment with prison labor for 6 months and 2 years) is deemed unfair.

2. Ex officio determination

A. According to the records of this case, pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the first and second court served a copy, etc. of indictment by public notice on the grounds that the whereabouts of the defendant cannot be confirmed, and served the procedure of the trial in the absence of the defendant, and the first court sentenced the defendant to six months of imprisonment on May 24, 2017; the second court sentenced the defendant to two years of imprisonment on May 10, 2017; the second court submitted a petition of appeal to the effect that the defendant seeks the recovery of his/her right to appeal on March 5, 2019; the defendant submitted a petition of appeal to the effect that each right to appeal against the first and second court was not appealed within the respective appeal period on March 13, 2019; the first and second judgment on March 13, 2019.

Therefore, it is recognized that there is no reason attributable to the defendant in the trial proceedings of the court below in the first and second instance, and thus, each request for a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been established. Accordingly, this court shall complete a new litigation procedure, such as serving the defendant with a duplicate of indictment, and make a new judgment according to the result of a new trial (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). In this regard, the part of the judgment of the court of first and

B. Meanwhile, the judgment of the court of first instance and the judgment of the court of second instance filed an appeal against the defendant, and this court decided to hold concurrent hearings of the above two appeals cases, and each of the offenses against the defendant in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act and Article 38(1) of the Criminal Act.