The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Since the accused of mental and physical weakness committed each of the instant crimes under the condition of mental and physical weakness caused by mental illness and alcohol addiction, punishment shall be mitigated.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. According to the record of determination on the assertion of mental and physical weakness, even though the defendant was deemed to have served alcohol at the time of each of the crimes of this case, the defendant was in a state that the defendant lacks the ability to discern things or make decisions due to mental illness and alcohol addiction at the time of the crime.

There is no evidence to prove that there is no evidence.

Therefore, the defendant's above assertion is without merit.

3. Ex officio determination

A. In a case that does not constitute death penalty or imprisonment with or without prison labor for an indefinite term or for more than ten years, a trial may be held without the statement of the defendant, as prescribed by the rules of the Supreme Court, where the location of the defendant cannot be confirmed until six months have passed since the receipt of the report on the failure to serve on the defendant pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Provisions”).

However, in case where a defendant who was convicted pursuant to the special provisions of this case was not able to attend the trial due to a cause for which he cannot be held responsible, the defendant, etc. may request the first instance court to conduct a retrial within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the provisions of this case”). If the defendant, etc. was unable to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request the first instance court to conduct a retrial within 14 days from the date on which the cause ceases to exist.

As to the judgment of the court of first instance that became final and conclusive upon conviction without a defendant's statement in accordance with the special provision of this case.