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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 lower court, upon which the grounds for a request for retrial existed, declared a judgment by the Defendant who did not appear in the court pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings”), but the Defendant was unable to appear in the trial due to any cause not attributable to himself/herself, and thus, there
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. 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 pursuant to Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”), with respect to a case that does not constitute death penalty, life imprisonment, or imprisonment or imprisonment with or without prison labor for more than ten years with or without prison labor, the judgment on the ground of the request for retrial may be rendered without a statement of the defendant, as prescribed by Supreme Court Regulations.
However, in case where a defendant who has been convicted under the special provisions of this case, was unable to attend the trial due to a cause for which he could not be held responsible, the defendant, etc. may request the court of first instance to conduct a retrial within 14 days after he became aware of the fact of such judgment under Article 23-2 (1) of the Litigation Promotion Act. If the defendant fails to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request the court of first instance to conduct a retrial within 14
According to the records of this case, it is confirmed that the court below rendered a decision of service by public notice in accordance with the special provisions of this case and rendered a sentence of imprisonment for six months by continuing the examination in the absence of the defendant.
When a sentence based on the judgment of the court below which became final and conclusive is executed and arrested, the defendant's request for recovery of the right of appeal.