The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

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 more than ten years, where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of the report of impossibility of serving on the defendant, as prescribed by the Supreme Court Regulations, since exceptions to the trial in the first instance are recognized by Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions of this case”).

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 Litigation Promotion Act (hereinafter “the 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 may request a retrial to the first instance court within 14 days from the date

As to the judgment of the court of first instance which was pronounced guilty without the defendant's statement pursuant to the special provisions of this case, in case where the defendant claimed and accepted the right to appeal for the reason that he could not file an appeal within the time limit for appeal due to a cause not attributable to the defendant or his representative without requesting a retrial pursuant to the provisions of this case, if it includes circumstances in which the defendant was unable to attend the trial due to a cause not attributable to him, it shall be subject to the retrial of this case.