No. 2-A of the judgment of the defendant

Section 2 of the Decision, 1.6 months, with respect to the crimes described in the subsection.

A. As the defendant was unable to attend the trial of the court below due to a cause not attributable to him, there is a ground for requesting a retrial under Article 23-2(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”).

B. 2-A of the judgment of the court below on the sentence of unfair sentencing.

(b) Crimes listed in subsection (b): Imprisonment with prison labor of one year and six months, and

each crime described in subsection 2: Imprisonment with prison labor for one year and

(c).

Crimes described in each subsection: Imprisonment with prison labor for a year is too unreasonable.

2. Determination on grounds for request for retrial

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

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 claimed and accepted the right to appeal for the reason that he could not file an appeal within the time limit for 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 the grounds for which the defendant could not attend the trial due to a cause not attributable to him, it is reasonable to view that the grounds for appeal corresponding to the "when there exists a cause for requesting a retrial" under Article 361-5 (13) of the Criminal Procedure Act are asserted.

Therefore, in the above case, the appellate court should examine whether there are grounds for the request for a retrial under the provisions of the review of this case, and the reasons therefor.