The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The sentenced by the court below to the summary of the grounds for appeal (four months of imprisonment) is too unhued and unreasonable.

2. Ex officio determination

(a) With respect to a case that does not constitute death penalty, imprisonment with or without prison labor for an indefinite term or for a long term exceeding ten years, exceptions to the trial proceedings in the first instance court are allowed pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions in the following”), and 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, the case may be tried without a statement of the defendant,

However, in case where a defendant who was convicted pursuant to the special provisions of this case, was unable to attend the trial due to a cause for which the judgment becomes final and conclusive, he may request a retrial to the first instance court within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the above Act (hereinafter “the provisions of this case”), and if he fails to request a retrial within the above period due to a cause not attributable to him, he may request a retrial to the first instance court within 14 days from the date on which such cause ceases to exist.

According to the special provision of this case and the language, legislative purport, etc. of the provision of this case, even in a case where the first instance court’s appeal against the judgment of absence of the first instance, which was proceeded pursuant to the special provision of this case, and the appellate court dismissed the prosecutor’s appeal, and thereby the first instance court’s appeal becomes final and conclusive, the Defendant, who was unable to attend the first instance court and the appellate court’s trial without any cause, may file a petition for review of the conviction with the first instance court within the period prescribed by the provision of the retrial

(See Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015).B.

The records of this case are examined.