All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

40 hours per the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (No. 6 months of imprisonment with prison labor of the lower court) is too unreasonable.

[The grounds for appeal of the first instance judgment (7 million won): According to Article 361-3(1) of the Criminal Procedure Act, the appellant or defense counsel must submit the reasons for appeal within 20 days from the date of receipt of the records of trial.

However, on July 10, 2017, the Defendant received a notice of the record of trial of the first instance judgment and did not submit a written reason for appeal, and was absent in the court of the first instance, and issued a detention warrant to the Defendant on December 14, 2017. The Defendant was detained on January 3, 2018. On January 8, 2018, this court rendered ex officio a decision to appoint a national defense counsel and submitted a written reason for appeal stating the fact that the Defendant’s national defense counsel asserts to be acquitted of the facts charged of the first instance judgment and the reason for appeal stating the unfair reasons for sentencing (Article 1 of the Criminal Procedure Act led to the confession of the facts charged in the lower court, and did not assert the aforementioned purport). The case where the Defendant did not have to appoint a national defense counsel pursuant to Article 33(3) of the Criminal Procedure Act.

In the case of the first instance trial, where the defendant was detained and the court ex officio decides to appoint a national defense counsel after the defendant was detained, it is not necessary to notify the national defense counsel of the receipt of the trial records, and in such a case, the same notification was given to the national defense counsel even if the national defense counsel was not timely filed.

Even if the appeal period of the national defense counsel is based on the reasons for the appeal period is calculated from the date when the defendant received the records of trial.

Therefore, the period in which the Defendant filed an appeal against the lower judgment regarding the Defendant’s first instance judgment was the first instance court’s submission period is calculated from July 10, 2017 when the Defendant received a notice of receipt of the records of trial, and 20 days from January 15, 2018 when the national defense counsel submitted a written reason for appeal.