게임산업진흥에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to determining the grounds for appeal by the defendant.
A. A case that does not fall under death penalty or imprisonment with or without labor for an indefinite term or for more than ten years, may be tried without a statement of the defendant, as prescribed by the rules of the Supreme Court, where it is impossible to confirm the whereabouts of the defendant even after six months have passed since the receipt of the report on the failure to serve on the defendant, as stipulated by the rules of the Supreme Court.
However, in a case where a defendant who has been convicted pursuant to the special provisions and became final and conclusive was unable to appear in the trial proceedings due to a cause for which he/she could not be held responsible, he/she may request the first instance court to conduct a retrial within 14 days from the date on which he/she became aware of the fact that the judgment was rendered pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “Rules for Review”). If he/she fails to request a retrial within the above period due to a cause for which he/she could not be held responsible, he/she may request the first instance court to conduct a retrial within
In regard to the judgment of the first instance, which became final and conclusive upon conviction without a defendant's statement pursuant to the special provision, where the defendant claims for recovery of appeal for the reason 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 could not be present in the trial due to a cause not attributable to him/her, if he/she includes such circumstances in which the defendant could not be held in the trial due to a cause not attributable to him/her, then it is alleged that there exists a cause for request for retrial pursuant to the provisions of the