Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The defendant does not commit assault or injure the victim E.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the records, prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was absent on the first trial date despite receiving the notice of the trial date at the court below, the defendant was absent on the second trial date, and the defendant was absent on the third trial date, and the court below concluded the pleadings after examining the evidence of witness F, etc. as the defendant was absent on the third trial date, and the defendant was present on the fourth trial date based on the result of the examination of evidence. Article 365 of the Criminal Procedure Act applied mutatis mutandis pursuant to Article 458 (2) of the same Act provides that "if the defendant was not present on the trial date, the date shall be again fixed (paragraph (1)), and if the defendant fails to appear on the trial date again without any justifiable reason, the court below may revise the trial without his statement if the defendant was absent on the second trial date, and the court below erred by failing to appear on the second trial date on the ground that the defendant was not present on the second trial date without any evidence examination."

However, the defendant's assertion of misunderstanding of facts against the judgment of the court below is still subject to the judgment of the court.