The judgment below

The part concerning the crime of 2 to 4 of the judgment shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The scope of this Court’s adjudication was exempted from punishment for the crimes No. 1 as indicated in the judgment below, and sentenced to imprisonment for one year and six months with prison labor for the crimes No. 2 through 4 as indicated in the judgment below, and the part concerning the crimes No. 1 as indicated in the judgment of the court below concerning the crime No. 2 through 4 as indicated in the judgment of the court below, and the defendant appealed only for the crimes No. 2 through the judgment of the court below, and the part concerning the crime No. 1

Therefore, the scope of this court's adjudication is limited to the part concerning the second to fourth crimes of the judgment of the court below.

2. Summary of grounds for appeal;

A. As the defendant was unable to attend the trial of the court below due to a cause not attributable to him, there is a ground for requesting a retrial under Article 23-2(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”).

B. The punishment of one and half years of imprisonment sentenced by the court below on the grounds of unfair sentencing is too unreasonable.

3. Determination on grounds for request for retrial

A. In a case where the defendant was found guilty in a absence under the main sentence of Article 23 of the Litigation Promotion Act (hereinafter “Special Provisions”), and the defendant could not attend a trial due to a cause not attributable to him/her, he/she may request a retrial for conviction pursuant to Article 23-2(1) of the Litigation Promotion Act (hereinafter “Special Provisions”).

However, with respect to the judgment of the court of first instance which rendered a conviction without a statement of the defendant in accordance with the special provisions of this case, where the defendant filed a claim for recovery of the right of appeal for the reason that the defendant or his/her representative could not file an appeal within the period of appeal due to a cause not attributable to him/her without a request for reexamination in accordance with the provisions of the retrial of this case, the defendant cannot be held liable