The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The lower court, upon which the grounds for a request for retrial existed, declared a judgment by the Defendant who did not appear in the court pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings”), but the Defendant was unable to appear in the trial due to any cause not attributable to himself/herself, and thus, there

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

2. Determination as to the assertion of grounds for retrial

(a) With respect to a case that does not fall under death penalty or imprisonment with or without prison labor for life or for more than ten years, where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of a report on impossibility of service of the defendant, pursuant to Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”), a trial may be conducted without a statement of the defendant, as prescribed by the Supreme Court Regulations, in accordance with the following:

However, in case where a defendant who has been 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 rendered pursuant to Article 23-2 (1) of the Litigation Promotion Act. If the defendant fails to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request a retrial to the first instance court within 14

B. According to the records of this case, it is confirmed that the court below rendered a decision of service by public notice in accordance with the special provisions of this case and rendered a sentence of imprisonment with prison labor for one year and six months by continuing the examination in the absence of the defendant.

The defendant has filed a petition for recovery of his right to appeal against the original judgment which became final and conclusive.