The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Ex officio determination

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 defendant's statement, as prescribed by the rules of the Supreme Court, if it is impossible to confirm the defendant's whereabouts until six months have passed since the receipt of the report on impossibility of service to the defendant pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter "Special Cases Concerning the Procedure of this case").

However, in a case where a defendant who is convicted pursuant to the special provisions of this case is not able to attend the trial due to a cause for which the judgment becomes final and conclusive, the defendant, etc. may request the court of first instance to conduct a retrial 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 Litigation Promotion Act (hereinafter “the retrial provisions of this case”). If the defendant, etc. fails to request a retrial within the above period due to a cause for which he cannot be held responsible, he/she may request the court of first instance to conduct a retrial within 14 days from the date on which such cause

However, as to the judgment of the first instance, which became final and conclusive upon conviction without a statement of the defendant in accordance with the special provisions of this case, where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period for appeal due to a cause not attributable to him/her, and where such cause includes circumstances in which the defendant was unable to attend the trial due to a cause not attributable to him/her, such circumstance shall be deemed to have been asserted that there was a cause for the request for retrial pursuant to the retrial provisions of this case.