Defendant shall be punished by a fine of one million won.

The defendant does not pay the above fine.

A. misunderstanding of legal principles 1) Although the Defendant stated the workplace address and telephone number in the police investigation process, the lower court did not attempt to serve the address and telephone number, and subsequently proceeded with the procedure of service by public notice and sentenced the Defendant to a judgment.

This is a violation of the Act on Special Cases concerning the Promotion, etc. of Criminal Procedure and Litigation.

2) As to the part of the facts charged of assault in the instant case, the judgment dismissing the public prosecution should be rendered, as long as the damaged person expressed his intention not to punish the Defendant, and the judgment of the court below should be reversed for the same reason as Paragraph 1).

B. The sentence of the lower court’s improper sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts acknowledged by the record as to the legality of a public disclosure service, the Defendant was unable to attend the court’s trial proceedings due to a cause not attributable to him/her, and thus, he/she may request re-adjudication pursuant to Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Therefore, this court shall reverse the judgment of the court below and render a new judgment in accordance with the result of the trial in this court (see, e.g., Supreme Court Decision 2014Do17252, Jun. 25, 2015). Thus, the judgment of the court below cannot be maintained as it is.

(1) The original court served a copy of the indictment and a writ of summons of the defendant by means of public notification pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced the defendant to four months after he/she has been absent.

(2) The defendant was unable to be served with a duplicate, etc. of indictment and was unaware of the fact that judgment was pronounced.

The claim for recovery of the right of appeal was filed.

(3) The original court shall not appeal within the period of appeal for reasons for which the defendant is not liable.