The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Where the whereabouts of the accused cannot be confirmed even after six months have passed since a report on the failure to serve on the accused was received pursuant to Article 23 of the Litigation Promotion Act (hereinafter referred to as "special provisions"), with respect to a case not falling under death penalty or imprisonment, with or without prison labor, with or without prison labor, for an indefinite term or with or without prison labor, the decision may be made without a statement of the accused, as prescribed by the Supreme Court Regulations;

However, in case where a defendant who has been convicted pursuant to the special provisions, 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 first instance court within 14 days from the date on which he becomes aware of the fact that the judgment was rendered pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “Review Regulations”). 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 may request a retrial to the first instance court within 14 days from the date

However, as to the judgment of the court of first instance which was affirmed without a statement of the defendant pursuant to special provisions, where the defendant requested and cited the recovery of right to appeal for the reason that the defendant or his/her representative could not file an appeal within the time limit for appeal due to a cause not attributable to him/her under the provisions of the retrial, if such cause includes circumstances in which the defendant could not attend the trial due to a cause not attributable to him/her, it is reasonable to regard that there exists a cause for the request for retrial pursuant to the provisions of the retrial, and that there is a reason for the request for retrial corresponding to the "when there exists a cause for the request for retrial"

Therefore, in the case above.