A defendant shall be punished by imprisonment with prison labor for up to six months.

A. Since the existence of the grounds for a request for retrial was unable to attend the trial of the court below due to a cause not attributable to the defendant, the court below held that there is a ground for a request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”).

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

2. For a case not falling under death penalty or imprisonment with or without labor for an indefinite term or for more than ten years, a trial may be held 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 a report on the failure to serve on the defendant was received pursuant to Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”).

However, in case where a defendant who has been convicted pursuant to the special provisions and was finally affirmed was unable to attend the trial due to a cause for which he could not be held responsible, the defendant, etc. may request the first instance court to conduct a retrial within 14 days from the date on which he became aware of the fact that such judgment had been rendered pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the retrial provision”), and if he could not request a retrial within the above period due to a cause for which he could not be held responsible, he may request the first instance court to conduct a retrial within 14 days from the date on which such cause ceases to exist

As to the judgment of the first instance, which became final and conclusive upon conviction without a statement of the defendant in accordance with special provisions, where the defendant claims recovery of the right to 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 without a request for reexamination pursuant to the provisions of the retrial, and the defendant may attend the trial proceedings on the ground that the defendant cannot be held liable during such cause