A defendant shall be punished by imprisonment for a term of one year and two months.

However, for two years from the date this judgment becomes final and conclusive.

A. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to him. Therefore, the lower court’s judgment has a ground for requesting a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”).

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination as to the assertion that grounds for request for retrial exist

A. In a case where the defendant was found guilty while he was absent pursuant to the main sentence of Article 23 of the Litigation Promotion Act (hereinafter “the Special Provisions”), if the defendant could not attend the trial due to a cause not attributable to him, he may request a retrial for conviction pursuant to Article 23-2(1) of the Litigation Promotion Act (hereinafter “the Special Provisions”).

However, as to the judgment of the court of first instance rendered guilty without the defendant's statement pursuant to the special provisions of this case, where the defendant claimed and accepted the right to appeal for the reason that he could not file an appeal within the period for filing an appeal due to a cause not attributable to the defendant or his representative without requesting a retrial pursuant to the provisions of the retrial of this case, if such cause includes circumstances in which the defendant could not attend the trial due to a cause not attributable to him, it is reasonable to view that the defendant asserted that there was a cause for requesting a retrial pursuant to the provisions of the retrial of this case, and that the reason for appeal corresponding to "when there exists a cause for requesting a retrial" as prescribed in

Therefore, in the above case, the appellate court shall examine whether there are grounds for the request for retrial under the Review Regulations of this case, and if it is deemed that there are such grounds, it shall reverse the judgment of the first instance following the new proceedings, such as serving a copy of indictment, etc.