We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment with prison labor of the first instance court and 10 months of imprisonment with prison labor of the second instance) is too unreasonable.

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

A. The Defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to jointly examine the two appeals cases.

Each of the crimes listed in the judgment of the court below Nos. 1 and 2 is a concurrent crime 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, so the above judgments cannot be maintained as they are.

B. In addition, according to the records, the original court served a copy of indictment (2019 order 698) and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served a writ of summons, etc. and sentenced four months to imprisonment by conducting hearings in the absence of the defendant; the original court also sentenced ten months to imprisonment by carrying out service and hearings in the same manner; the defendant filed an application for recovery of his right to appeal against the first and second final judgment on October 29, 2020; the first and the second court rendered a decision to recover the right to appeal on November 17, 2020.

According to the above facts, the defendant was unable to attend the trial proceedings of each court due to a cause not attributable to him/her, unless there are special circumstances.

As such, the first and second judgment of the court below is a ground for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the Criminal Procedure Act.

Therefore, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial, so the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed ex officio.