A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The judgment of the court below was conducted while the illegal defendant in the litigation procedure was not present, and the judgment was rendered.

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

2. The main text of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”) provides that “where it is impossible to confirm the location of the defendant by the lapse of six months from the time a report on the failure to serve on the defendant was received in the trial of the first instance, a trial may be held without the statement of the defendant, as prescribed by the Supreme Court Regulations.” Meanwhile, the proviso of the Special Provisions provides that “the same shall not apply to cases where a case constitutes death, life imprisonment, or imprisonment with or without prison labor exceeding ten years, for life or imprisonment with or without prison labor,” and the statutory penalty under the statutory text of the Act cannot be tried without the statement of

In the case of violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case against the Defendant, the statutory penalty constitutes “a punishment of imprisonment for not more than ten years and six months, suspension of qualifications for not more than 15 years, or a fine not exceeding 15 million won” pursuant to Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act, and thus, it cannot be tried without the Defendant’s statement.

However, according to the records, the court below sent a writ of summons, etc. through service by public notice pursuant to special provisions and sentenced six months to imprisonment by proceeding a trial in the absence of the defendant. ② When the defendant is arrested by the execution of the sentence in accordance with the judgment below which became formally final and conclusive, the defendant applied for recovery of the right to appeal immediately, and ③ The court recognized that the defendant was unable to appeal within the period of appeal due to a cause not attributable to him