모욕
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. In accordance with Article 365 of the Criminal Procedure Act which applies mutatis mutandis by virtue of Article 458 of the ex officio Judgment Act, and Article 365 of the same Act, where the defendant who has requested a formal trial as dissatisfied with a summary order fails to appear in the court on the trial date of the formal trial procedure, the new date shall be fixed, and where the defendant fails to appear in the court on the new date
Therefore, it should be interpreted that the defendant does not appear in the court without justifiable grounds after receiving a summons of due date of trial two times in order to have the defendant liable for the second time of absence, because it is a kind of disciplinary provision that considers that the defendant has waived his right to pleading on the merits by his neglect.
Therefore, in order to render a judgment without a defendant's statement against a defendant who has been absent twice pursuant to Article 365 of the Criminal Procedure Act, the defendant has been absent once in accordance with the above provision, and the court has again set a new date, but the defendant has to be absent on that date, but the defendant has to be absent on that date, and where the defendant has been absent consecutively on the date of the second trial notified in a lump sum and the defendant has received notice of the first and second public trial, the writ of summons of the second public trial date has been served lawfully.
No judgment may be rendered without a statement of the defendant unless there are other circumstances to the contrary.
According to the records, the Defendant submitted a request for formal trial on August 18, 2016 with respect to the case for which the Seoul Northern District Court 2016 High Court 2016 Highest 8712 Highest Madern District Court 2016 and the first trial date on August 31, 2016, the second trial date on August 31, 2016, the second trial date on September 10, 2016, and the second trial date on September 2, 2016, the Defendant did not appear on the first trial date notified as above, and the lower court did not serve the Defendant separately with a writ of summons on the second trial date on the second trial date, and the Defendant also received the second trial date on the second trial date.