2. According to Article 365 of the Criminal Procedure Act, which applies mutatis mutandis pursuant to Article 458(2) of the judgment on the grounds for appeal pursuant to Article 458(2) of the same Act, when the defendant who is dissatisfied with a summary order and requested a formal trial fails to appear on the date of the formal trial procedure, the date shall be fixed again, and where the defendant fails to appear on the new date

However, the defendant did not appear on the date of trial even though he was lawfully served the summons of the defendant on the first and second trial dates of the court below. The court below revised and tried the court while the defendant did not appear, and sentenced the defendant to a fine of five million won.

Therefore, it cannot be deemed that the lower court, without the Defendant’s statement, rendered a judgment, violated the laws and regulations governing litigation procedures, and no other reason exists to accept the Defendant’s appeal.

(1) The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without any decision on the defendant's request for the appointment of a public defender. However, considering that the defendant's appeal is a formal trial procedure for the summary order and the defendant's request for the appointment of a public