The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. Ex officio determination

A. 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 pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion of Legal Proceedings”) with respect to a case that does not constitute death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years as to the existence of a ground for retrial, or imprisonment with or without prison labor for an indefinite term,

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, he/she may request the first instance court to re-examine within 14 days from the date he/she becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter referred to as "the re-examination provisions of this case"). If the defendant, etc. is unable to request re-examination for the said period due to a cause for which he/she cannot be held responsible, he/she may

With respect to the judgment of the court of first instance rendered guilty without the defendant's statement in accordance with the special provisions of this case, where the defendant filed a petition for recovery of appeal for the reason that the defendant or his representative could not file an appeal within the period of appeal due to a cause not attributable to him/her, if the grounds include circumstances in which the defendant could not be present in the trial due to a cause not attributable to him/her, such circumstance includes the grounds for the request for retrial under Article 361-5 (13) of the Criminal Procedure Act.