The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Judgment ex officio is made.

1. With respect to a case which does not correspond to death penalty, imprisonment with or without prison labor for an indefinite term or for a long term exceeding ten years, special cases concerning the trial proceedings in the first instance are allowed pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions in this case”), and where the whereabouts of the defendant cannot be confirmed even after six months have passed since a report on the failure to serve on the defendant was received, a trial may be held without a statement of the defendant

However, in case where a defendant who was convicted pursuant to the special provisions of this case, 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 made pursuant to Article 23-2 (1) of the above Act (hereinafter “the provisions of this case”), and if he fails to request a retrial within the above period due to a cause not attributable to him, he may request a retrial to the first instance court within 14 days from the date on which such cause ceases to exist.

According to the special provision of this case and the language, legislative purport, etc. of the provision of this case, even in a case where the first instance court only appealed from the prosecutor’s appeal against the judgment of non-appearance of the first instance, and the appellate court also dismissed the prosecutor’s appeal after the non-appearance of the case, and thereby the first instance court became final and conclusive, the Defendant, who was unable to attend the first instance court and the appellate court’s trial without any cause, may file a petition for review of the conviction with the first instance court within the period prescribed by the provision of the retrial

In the above case, if the defendant filed an appeal by the recovery of the right of appeal without requesting a retrial, it shall be determined as the ground of appeal under Article 383 subparagraph 3 of the Criminal Procedure Act.