정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. The defendant of the grounds for appeal was unable to appear in the trial because he was unable to receive a writ of summons at the court below.
2. Where the defendant who has requested a formal trial against a summary order fails to appear in the court on the trial date of the formal trial procedure, the new date shall be fixed, and where the defendant has failed to appear in the court on the new date without justifiable grounds, the judgment may be rendered without statement of the defendant;
(Article 458(2) and Article 365 of the Criminal Procedure Act (Article 458(2) and Article 365 of the Criminal Procedure Act). This is a kind of restrictive provision which considers that a defendant’s neglect to present the case is deemed to have waived his right to present the case. Thus, if such two absences are to revert to the defendant, it is necessary that he does not appear
(2) According to the records, the court below delivered a writ of summons of the first trial on April 12, 2002 to "D located in Seoul, Nowon-gu, Seoul." (see, e.g., Supreme Court Decision 2002Do326, Apr. 12, 2002). The court below served a writ of summons of the second trial on "Seoul, Nowon-gu H, 402 Dong 1001," which is the defendant's resident registration address, to "Seoul, Nowon-gu H, 402 Dong 101," and received the second trial summons on November 28, 2014. Since the defendant was absent on the second trial date, the court below served the summons of the third and fourth trial date on the defendant's above resident registration address, but it was impossible to serve the summons of the fifth trial date on the defendant's resident registration address on the ground that the above defendant was not residing in his domicile, but the court below served the summons on the defendant's fifth trial date on "Seoul 25."