We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than two years and six months.

[Attachmentd 2017 order 2181] No. 3.

1. The sentence (No. 1: Imprisonment with prison labor for 10 months, and imprisonment with prison labor for 2 years) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. In light of the records, prior to the judgment on the grounds for appeal by the defendant ex officio, the first instance court’s decision on the recovery of appeal is recognized on the grounds that the defendant was unable to file an appeal within the appeal period due to the reasons that the defendant was unable to file an appeal due to the lack of responsibility, and that the first instance court served a copy of the indictment and a writ of summons by serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and served a trial in the state of absence of the defendant, and thus sentenced ten months to imprisonment.

Thus, there is a ground for a request for retrial under the Special Act on the Promotion, etc. of Litigation because there is no reason to return to the court of first instance for the defendant's failure to attend the trial

It is recognized that the judgment of the court below that the defendant appealed, as each of the cases of the judgment below that the defendant appealed, each of the crimes in the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered simultaneously in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, in addition to adding “1. Defendant’s trial testimony” to the summary of the first instance judgment.