The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Where it is impossible to confirm the whereabouts of the accused when six months have passed since a report on the 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”) with respect to a case that does not fall under an ex officio imprisonment with or without prison labor, death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years prior to the judgment on the grounds for appeal by the accused ex officio, the case may be tried without the statement of the accused, as prescribed by

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

With respect to the judgment of the court of first instance rendered guilty without the defendant's statement in accordance with the special provisions of this case, where the defendant did not request a retrial pursuant to the provisions of this case and the defendant or his/her agent filed an appeal, if the grounds include circumstances in which the defendant could not attend the trial due to any cause not attributable to him/her, it is reasonable to deem that the grounds for appeal corresponding to "when there exists any cause for requesting a retrial" under Article 361-5 (13) of the Criminal Procedure Act are asserted by the provisions of this case.

Therefore, the above-mentioned.