The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, this paper examined ex officio.

A. 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, the case may be tried without a statement of the defendant, as prescribed by the rules of the Supreme Court, if it is impossible to confirm the whereabouts of the defendant even six months after the receipt of the report on the failure to serve on the defendant, pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases of this case”).

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, the defendant, etc. may request the court of first instance to conduct a retrial 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 retrial 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/she may request the court of first instance to conduct a retrial within 14 days from the date on which such cause

In accordance with the special provisions of this case, when the defendant filed a petition for recovery of appeal for the reason that the defendant or his/her representative could not file an appeal within the period of appeal due to a cause not attributable to him/her without filing a statement of the defendant, the court of first instance, which became final and conclusive after having rendered a conviction without filing a statement of the defendant, includes circumstances in which the defendant could not be present in the trial due to a cause not attributable to him/her, which include, among the reasons, the grounds for the request for retrial under the special provisions of this case.