The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Where the whereabouts of the defendant cannot be confirmed until six months have passed since a report on the impossibility of serving on the defendant was received pursuant to Article 23 of the Litigation Promotion Act (hereinafter referred to as "Special Provisions"), with respect to a case that does not fall under death penalty ex officio, death penalty, imprisonment with or without prison labor for an indefinite term of more than ten years, or imprisonment with or without prison labor for more than ten years, a trial may be conducted without a statement of the defendant, as prescribed by

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 period for filing an appeal due to a cause not attributable to him/her, if such cause includes circumstances in which the defendant could not be present at the trial due to a cause not attributable to him/her, it is reasonable to regard that there exists a cause for requesting a retrial pursuant to the provisions of the retrial, and that there is a reason for requesting a retrial corresponding to “when there exists a cause for requesting a retrial” as prescribed in Article 361-