The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, this paper examined ex officio.

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 more than ten years, the case may be tried without a statement of the defendant, as prescribed by the rules of the Supreme Court, if it is impossible to confirm the whereabouts of the defendant even six months after the receipt of the report on the failure to serve on the defendant, pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases of this case”).

However, in a case where a defendant who is convicted pursuant to the special provisions of this case is not able to attend the trial due to a cause for which the judgment becomes final and conclusive, the defendant, etc. may request the court of first instance to conduct a retrial within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the retrial provisions of this case”). 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/she may request the court of first instance to conduct a retrial within 14 days from the date on which such cause

With respect to the judgment of the first instance, which became final and conclusive upon conviction without the defendant's statement in accordance with the special provisions of this case, where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the time limit for appeal due to any cause not attributable to him/her, and where such grounds include circumstances in which the defendant could not attend the trial due to any cause not attributable to him/her, such grounds shall be asserted as grounds for the request for retrial under the provisions of this case.