The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant could not attend the trial of the lower court due to reasons for which the Defendant cannot be held responsible, it constitutes a ground for requesting a retrial.

B. The lower court’s judgment on the ground of unfair sentencing (six months and fines of two hundred thousand won) declared by the Defendant is too unreasonable.

2. Where a defendant who was convicted pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”) as to the Grounds for Retrial on Grounds for Retrial, etc., was unable to attend a trial due to the grounds that the defendant who became final and conclusive cannot be held liable, the defendant, etc. may request a retrial to the court of first instance within 14 days from the date on which he/she becomes aware of the fact that the judgment had been rendered pursuant to Article 23-2(1) of the Litigation Promotion Act (hereinafter “Rules for Retrial”). If the defendant, etc. fails to request a retrial within the above period due to the grounds for not being held responsible, he/she may request a retrial to the court of

As to the judgment of the court of first instance which was pronounced guilty without the defendant's statement pursuant to special provisions, where the defendant claims for recovery of the right to appeal for the reason that the defendant or his/her representative could not file an appeal within the period for filing an appeal due to a cause not attributable to him/her, if the reason includes circumstances in which the defendant could not be present at the trial due to a cause not attributable to him/her, it is reasonable to deem that the ground for appeal corresponding to "when a cause for requesting a retrial exists" under Article 361-5 (13) of the Criminal Procedure Act is asserted by the provisions for retrial.

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