The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. With respect to a case which does not correspond to death penalty, imprisonment with or without prison labor for an indefinite term or for a long term exceeding ten years, special cases concerning the trial proceedings in the first instance are allowed pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions in this case”), and where the whereabouts of the defendant cannot be confirmed even after six months have passed since a report on the failure to serve on the defendant was received, a trial may be held without a statement of the defendant

However, in case where a defendant who was convicted pursuant to the special provisions of this case, was unable to attend the trial due to a cause for which the judgment becomes final and conclusive, he may request a retrial to the court of first instance 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 above Act (hereinafter “the provisions of this case”), and if he fails to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request a retrial to the court of first instance within 14 days from the date on which such

According to the special provision of this case and the language, legislative purport, etc. of the provision of this case, even in a case where the first instance court, which was proceeded pursuant to the special provision of this case, appealed only by the prosecutor, and the appellate court, reversed the judgment of the first instance, or rendered a new conviction, and such conviction becomes final and conclusive, the defendant who was unable to attend the first instance court and the appellate court proceedings without any cause by analogy shall be deemed to be entitled to file a request for review of the conviction with the appellate court within the period prescribed by the provision of the retrial of this case.

(see, e.g., Supreme Court Decision 2016Do19822, Feb. 3, 2017). In such a case, the defendant is entitled to recover his/her right to appeal without filing a petition for retrial.