All judgment of the court below shall be reversed.

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

The defendant shall obtain money from the applicant for compensation.

1. The summary of the grounds for appeal (in the first instance court: Imprisonment with prison labor for a year and June, and the second instance court: imprisonment with prison labor for a period of six months) of the lower court is too unreasonable;

2. Ex officio determination

A. In the trial, the defendant filed an appeal against the judgment of the court below, and the court decided to concurrently examine the above appeal case.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

B. According to the records on the existence of grounds for retrial, ① the first instance court served a summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served a trial in the absence of the defendant, thereby sentenced the defendant to one year and six months of imprisonment. ② After which the defendant filed an appeal against the first instance court, and asserted that he was unaware of the fact that the defendant filed a petition for recovery of his right of appeal, and filed a petition for recovery of his right of appeal, and ③ The first instance court recognized that the defendant was unable to appeal within the appeal period due to reasons not attributable

According to the above facts of recognition, since there is no reason attributable to the defendant due to the failure of the court of first instance to attend the trial proceedings, the court of first instance shall be deemed to have a reason for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the appellate court shall proceed with a new litigation and

The first judgment of the court of first instance is no longer maintained in this respect.

3. The lower judgment did not decide on the Defendant’s assertion of unfair sentencing, on the grounds of the above ex officio reversal.