The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The lower court, upon which the ground for a request for retrial existed, sentenced the Defendant to a trial under the absence of attendance pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”), but the Defendant was unable to attend the trial due to a cause not attributable to himself/herself, and thus, there is a ground for the request for retrial under Article 23-2(1) of the Litigation Promotion Act.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination of the ground for retrial

(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 an indefinite term of more than ten years, a trial may be conducted without a statement of the defendant, as prescribed by the rules of the Supreme Court, in cases where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of the report on impossibility of service of the defendant by the court of first instance pursuant to Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”).

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 he could not be held responsible, the defendant, etc. may request a retrial to the first instance court within 14 days from the date on which he became aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act.

If the defendant is unable to request a retrial within the above period due to a cause not attributable to him/her, he/she may request the first instance court to conduct a retrial within 14 days from the date of his/her exhaustion because there is no reason.

B. According to the records of the instant case, the lower court rendered a decision to serve public notice in accordance with the special provisions of the instant case and rendered a sentence of six months of imprisonment by conducting a trial in the absence of the Defendant, and only the prosecutor appealed on the ground that the sentencing was unfair, and the appellate court (Seoul District Court 2019No. 901) also made public notice.