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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Summary of grounds for appeal;
A. The ground for the request for retrial was that the Defendant could not attend the trial in the lower court due to a reason that the Defendant cannot be held responsible, and thus, it constitutes grounds for the request
B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion that there are grounds for the request for retrial, Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”).
2) Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “instant Review Regulations”) provides that where a judgment becomes final and conclusive after having been convicted of the Defendant’s absence pursuant to the main sentence of the same Article, if the Defendant could not attend the trial proceedings due to a
A) A request for a retrial against a conviction may be made pursuant to the special provision of this case. However, in a case where a defendant filed a request for recovery of appeal for the reason that the defendant or his/her agent could not file an appeal within the time limit for filing an appeal without requesting a retrial pursuant to the provisions of the retrial of this case, and where the defendant or his/her agent could not bring an appeal within the time limit for filing an appeal due to a cause not attributable to him/her, if the grounds include circumstances for which the defendant could not be held in the trial due to a cause not attributable to him/her, it is reasonable to deem that the grounds for a request for retrial under the provisions of this case have been asserted, and that the appellate court has asserted the grounds for an appeal corresponding to “when there exists a cause for requesting a retrial” under Article 361-5 subparag. 13 of the Criminal Procedure Act. Accordingly, the appellate court should examine the existence of the grounds for a request for retrial under the provisions of the retrial of this case, and if recognized, then reverse the judgment of the first instance and render a new judgment in accordance with a new trial result (see