The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The summary of the grounds for appeal is that the defendant could not be present at the trial of the court below due to a reason for which the defendant cannot be held responsible. Therefore, the court below has the grounds for a request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”).

The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.

Where the legal principles on the grounds for request for retrial have become final and conclusive after the defendant was absent pursuant to the main sentence of Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”), if the defendant was unable to attend a trial due to a cause not attributable to him/her, he/she may request a retrial for conviction pursuant to Article 23-2(1) of the Litigation Promotion Act (hereinafter “Special Provisions”).

However, in accordance with the special provisions of this case, where the defendant filed a petition for recovery of his right of appeal for the reason that he could not file an appeal within the period of appeal due to a cause not attributable to the defendant or his representative without filing a request for reexamination pursuant to the provisions of the retrial of this case, if the grounds for appeal include circumstances in which the defendant could not be present in the trial due to a cause not attributable to him, it is reasonable to view that the grounds for appeal corresponding to the "when there exists a cause for a request for reexamination" as provided in Article 361-5 subparagraph 13 of the Criminal Procedure Act is asserted by the provisions of the retrial of this case.

Therefore, in the above case, the appellate court should examine whether there are grounds for the request for retrial under the provisions of the review of this case, and there are such grounds.

If it is recognized, the judgment of the first instance court is reversed, and new hearings are conducted, such as serving a duplicate of indictment, etc.