1. According to Article 19(2) of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings, even in cases where summons of the defendant against the defendant at the first trial proceedings of the first instance is conducted by serving public notice, the court is required to have the defendant summoned by serving public notice for the purpose of rendering a trial without the defendant's statement. Thus, in cases where the defendant summoned by serving public notice is absent, the court may proceed with the trial proceedings under the absence of the defendant only after the defendant is absent after designating the trial date and serving public notice again by serving public notice (see Supreme Court Decision 2011Do1094, May 13, 201). Accordingly, if the first trial proceedings are conducted by the court of first instance after the defendant was absent by serving public notice, the litigation proceedings are in violation of Acts and subordinate statutes, and there is no effect of procedural acts conducted in such unlawful trial proceedings, and the appellate court shall serve a copy of the indictment to the defendant again through legitimate procedure and make a new statement in the appellate trial after hearing and examination of evidence, etc.

2. According to the records, when the copy of the indictment against the defendant was unable to be served, the first instance court rendered a decision to serve the public notice through the procedures such as address correction, location detection, etc., and served the original copy of the indictment and the writ of summons of the defendant by means of public notice. The first instance court notified the defendant on March 16, 2016 that the defendant was absent on the date of the first public trial, and notified the amendment without the defendant's attendance under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., after completing reading the facts charged by the prosecutor and examining the evidence, and closing the pleadings and closing the arguments, and on the same day, convicted the defendant for ten

Examining the above facts in light of the legal principles as seen earlier, the first deliberation proceeding shall be served on public notice.