The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is too unreasonable as the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The lower court ex officio determined that the Defendant’s whereabouts cannot be confirmed even after taking measures to confirm the whereabouts of the Defendant, such as requesting the detection of location, requesting the correction of address, issuing detention warrants, etc., and served a copy of the indictment and a writ of summons of the Defendant on the means of public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and declared the Defendant guilty by conducting a trial without the Defendant’s statement while the Defendant

After that, the defendant filed a request for recovery of the right of appeal on the ground that he was unable to receive the notice of a copy of indictment, etc., and the court of original instance decided to recover the right of appeal on the ground that the defendant was unable to file an appeal within the period of appeal due to the reason that

As can be seen, there is a ground for review that the lower court’s judgment is stipulated in Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and that “where a defendant who was convicted of a conviction was unable to attend the trial due to the cause for which

In a case where the defendant claimed and cited the right to appeal for the reason that he could not file an appeal within the period for filing an appeal due to a cause not attributable to the defendant or his agent for this reason, it is reasonable to deem that the defendant alleged that there was a cause for the request for retrial, and that he asserted the reason for appeal corresponding to the “when a cause for the request for retrial exists” as prescribed in Article 361-5 subparag. 13 of

Therefore, there are grounds for the request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the defendant's failure to attend the trial of the court below because

In this respect, the judgment of the court below cannot be maintained as it is.

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