1. As to the ground of appeal disputing the legal proceedings

A. The appellate court shall not revise in principle the defendant's appearance without the defendant's appearance.

(Article 370 and main text of Article 276 of the Criminal Procedure Act): Provided, That where a defendant has not appeared in the court on the date of appellate trial, the date shall be fixed again, and where the defendant fails to appear in the court on the new date without justifiable grounds, a judgment may

(Article 365 of the Criminal Procedure Act). In order to have the defendant liable for non-appearance twice on the appellate trial date attributed to the defendant, he/she shall have been summoned twice, but he/she did not appear in the court on the trial date without justifiable grounds.

(see, e.g., Supreme Court Decisions 88Do419, Dec. 27, 198; 2008Do2876, Jun. 26, 2008). B.

The progress of the judgment of the court below is as follows.

On May 19, 2020, the second trial date for sentencing was concluded on the first trial date of the court below, which was attended by the defendant, and the second trial date of the court below was designated as 2 p.m.

On May 19, 2020, the second trial date, which was designated by the Defendant, failed to appear without submitting a written reason for non-appearance to the effect that the Defendant cannot be present as scheduled to undergo an examination of Koro virus infection-19, and the lower court, after designating the third trial date three weeks later, accepted the Defendant’s application for postponement of the sentence date and changed it again to two weeks later.

Even though the defendant was served with the above order of change, the defendant was not present on the third trial date designated, and the court below sentenced the defendant to dismiss the appeal by revising the trial date without the attendance of the defendant.

C. The Defendant was subject to the examination of Korovi infection-19 at 10:00 a.m. on the second trial date of the lower judgment, and was instructed by the hospital to block and isolate contact with all people by 7:0 a.m. on the same day, and the Defendant was instructed to do so.