A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

The above fine shall be imposed on the defendant.

A. Since the Defendant did not appear in the trial proceedings without any cause attributable to the lower court, the lower court’s judgment has a ground for request for retrial.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment and a fine of three hundred thousand won) is too unreasonable.

2. According to the records on the assertion of misapprehension of legal principles, the court of original judgment served a copy of indictment and a writ of summons by public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced the defendant to six months of imprisonment and a fine of 300,000 won by proceeding the trial in the absence of the defendant. Thereafter, the defendant stated that he had been unaware of the progress of the trial in the first instance by public notice when he requested the recovery of the right to appeal against the judgment of the court which became formally final and conclusive,

Therefore, the defendant's failure to attend the trial of the court below is recognized as the grounds for the request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings due to lack of causes attributable to the defendant in the trial of the court below. Accordingly, this court shall proceed with new litigation procedures and render a new judgment according to the results of a new trial, such as serving a duplicate of indictment on the defendant (see Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015);

Therefore, the defendant's assertion of legal principles is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered through pleading.

【Reasons for the Judgment of the Court, 【1. Investigation of Suspects of the Defendant’s Criminal Facts and Summary of Evidence’s Criminal Facts and Summary of Evidence’s Evidence’, the summary of the judgment of the court below, “1. Investigation of Criminal Suspect.”