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

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

A. In accordance with the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits (hereinafter “Litigation Promotion”), the lower court, without the Defendant’s statement, rendered a judgment that found the Defendant guilty of the facts charged of this case, and rendered a judgment that found the Defendant guilty of the facts charged of this case, was unable to attend the trial of the lower court due to a cause not attributable to the Defendant. Therefore, the lower court’s judgment has the grounds for requesting a retrial

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

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

A. With respect to a case that does not constitute death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years, a trial may be conducted without a statement of the defendant, as prescribed by the rules of the Supreme Court, in cases where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of the report on the failure to serve on the defendant pursuant to Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”).

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

With respect to the judgment of the first instance which became final and conclusive upon conviction without a defendant's statement pursuant to special provisions, an appeal shall be filed within the period for filing an appeal for a cause for which the defendant or his/her agent is not liable without requesting a retrial under the provisions of retrial.