전주지방법원 2019.08.28 2019노786



The judgment of the court below is reversed.

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


1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Ex officio determination

A. In a case that does not fall under death penalty or imprisonment with or without prison labor for an indefinite term or for more than ten years, the court may render a judgment without a statement of the defendant, as prescribed by the Supreme Court Regulations, where the location of the defendant cannot be confirmed until six months have passed since the receipt of the report on impossibility of service of the defendant, pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning Litigation Promotion Act”).

However, in a case where a defendant who is convicted pursuant to the special provisions of this case is not able to attend the trial due to a cause for which the judgment becomes final and conclusive, he/she may request the first instance court to re-examine within 14 days from the date he/she becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter referred to as "the re-examination provisions of this case"). If the defendant, etc. is unable to request re-examination for the said period due to a cause for which he/she cannot be held responsible, he/she may

However, with respect to the judgment of the court of first instance which rendered a conviction without a statement of the defendant in accordance with the special provisions of this case, where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the time limit for appeal due to a cause not attributable to him/her, and where such cause includes circumstances in which the defendant was unable to attend the trial due to a cause not attributable to him/her, such circumstance shall be the grounds for the request for retrial pursuant to the new provisions of this case and shall be determined by Article 361-5 subparagraph 13 of the Criminal Procedure