All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The main points of the grounds for appeal are as follows: The punishment of the lower court (the 6 months of imprisonment with prison labor and the 6 months of imprisonment with prison labor) is too unreasonable.

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

A. According to the records of this case of recovery of the first instance court's right to appeal, the first instance court served a copy of indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the procedure of trial in the absence of the defendant, and sentenced the defendant to six months of imprisonment on May 28, 2020. The defendant filed a petition for recovery of the right to appeal against the first instance court's judgment which became final and conclusive on June 11, 2020, and the first instance court rendered a decision to recover the defendant's right to appeal on June 24, 2020 by recognizing that the defendant was unable to file an appeal within the appeal period due to reasons not attributable to the defendant.

According to the above facts, the Defendant was unable to attend the first instance trial due to a cause not attributable to the Defendant. Therefore, the first instance court’s judgment on the grounds of a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for appeal” as prescribed in Article 361-5 subparag. 13

Therefore, this court shall proceed with a new litigation procedure by delivering a duplicate of indictment to the defendant and render a new judgment according to the result of a new trial (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). As such, the first instance judgment cannot be maintained as it is.

B. After the judgment of the court below was rendered on the consolidated trial defendant, the defendant filed each appeal against each judgment of the court below, and this court also tried two appeals by combining them.

However, each crime of the first and second judgment against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgment is a concurrent crime under Article