The judgment of the court below is reversed.

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.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Where the whereabouts of the accused cannot be confirmed even after six months have passed since a report on failure to serve on the accused was received pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning Litigation Promotion”) with respect to a case that does not fall under death penalty or imprisonment with or without prison labor for an indefinite term or for a term of more than ten years, a trial may be conducted without the statement of the accused, as prescribed by Supreme Court Regulations.

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, he/she may request the first instance court to re-examine within 14 days from the date he/she becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter referred to as "the re-examination provisions of this case"). If the defendant, etc. is unable to request re-examination for the said period due to a cause for which he/she cannot be held responsible, he/she may

However, with respect to the judgment of the court of first instance which rendered a 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 filing an appeal due to a cause not attributable to him/her, and where such cause includes circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, such circumstance shall be considered as having been asserted that there was a cause for requesting a retrial under Article 361-5 subparagraph 13 of the Criminal Procedure Act.