재물손괴
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. Although the defendant appealed against the judgment of the court below, it did not state the grounds for appeal in the petition of appeal, and did not submit the reasons for appeal within 20 days, which is the period for submission of legitimate reasons for appeal, even though he received a notice of receipt of the record of trial from the court of appeal, this paper examines ex officio whether the judgment below is illegal.
According to Articles 458 and 365 of the Criminal Procedure Act, if a defendant fails to appear in the court on the date of the public trial for the formal trial, a new date shall be set and if the defendant fails to appear in the court on the new date without any justifiable reason, a judgment may be rendered without the defendant's statement. However, in order to render a judgment without the defendant's statement, it is necessary that the defendant need not appear in the court without any justifiable reason after receiving a summons of legitimate public trial date (see, e.g., Supreme Court Decisions 95Do920, Jul. 14, 1995; 9Do3784, Dec. 24, 1999). According to the records of this case, the court below did not serve the defendant the summons on the first public trial date without delivering the summons of the public trial date on the second public trial date, and served the defendant at the address of the defendant again after the second public trial date, and even if the defendant was absent on the second public trial date, he did not appear in the court on the second public trial date and the second public trial date.
Nevertheless, the court of original judgment is considered to have consented to evidence in accordance with Article 318(2) of the Criminal Procedure Act on the second public trial date on the ground that the defendant was absent twice, and the examination of evidence is conducted.