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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
Summary of Grounds for Appeal
The sentence of the court below is too unreasonable.
2. Ex officio determination
(a) With respect to a case that does not fall under death penalty or imprisonment, with or without prison labor, with or without prison labor, for an indefinite term or for more than ten years, where the whereabouts of the defendant cannot be confirmed even after six months have passed since special cases concerning the trial proceedings in the first instance were recognized pursuant to Article 23 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (hereinafter referred to as "special Provisions"), a trial may be conducted without a statement of the defendant
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 not attributable to him, he may request a retrial to the first instance court within 14 days from the date on which he became aware of the fact that he was convicted pursuant to Article 23-2 (1) of the Act on Special Cases (hereinafter referred to as the “Review Regulations”), and if he was unable to request a retrial within the said period due to a cause not attributable to him, he may request a retrial to the first instance court within 14 days from the
With respect to the judgment of the court of first instance which was affirmed without the defendant's statement pursuant to the special provision, 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 period for filing an appeal due to a cause not attributable to him/her under the provisions of the retrial, if the circumstance in which the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to "when a cause for filing an appeal exists" under Article 361-5 subparagraph 13 of the Criminal Procedure Act is asserted by the provisions of
Therefore, the appellate court's ground for the request for review is the same.