The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Ex officio determination

A. Where a judgment of conviction becomes final and conclusive upon the Defendant’s absence pursuant to the main sentence of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”), if the Defendant is unable to attend a trial due to a cause not attributable to him/her, he/she may file a petition for reexamination of conviction pursuant to Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”).

However, in a case where the defendant filed a claim for recovery of right to appeal for the reason that he could not file an appeal within the period for filing an appeal due to a cause not attributable to the defendant or his representative without requesting a retrial pursuant to the provisions of the special provisions of this case, if the circumstances during which the defendant could not be held in the trial due to a cause not attributable to him, it is reasonable to view that the defendant asserted that there was a cause for requesting a retrial pursuant to the provisions of the special provisions of this case, and that the reason for appeal corresponding to “when a cause for requesting a retrial exists” as prescribed in Article 361-5 subparag. 13 of the Criminal Procedure Act is asserted.

Therefore, the appellate court shall examine whether there are grounds for the request for retrial under the provisions of the retrial of this case, and there are such grounds.

If recognized, the judgment of the court of first instance shall be reversed, and a new judgment shall be rendered in accordance with the result of the new trial, including the service of a copy, etc. of indictment again (see Supreme Court Decision 2015Do8243, Nov. 26, 2015, etc.). (b) According to the records in this case, the court of original judgment shall serve a copy, summons, etc. of indictment on the method of public notice service pursuant to the special provisions in this case, and shall proceed with the trial under the absence of the defendant, and shall be sentenced to six months of imprisonment with prison labor, and the judgment shall be sentenced to six months of imprisonment with prison labor.