According to the records, in this case, which is a claim for a formal trial against a summary order, the defendant was present at the first trial date ( December 13, 2018) of the court below, and the court of original judgment designated and notified the second trial date as January 17, 2019 when closing the pleadings on the above trial date, and the defendant was not present at the trial date, and sentenced the court of original judgment by notifying the defendant that he would revise the law without the attendance of the defendant pursuant to Article 277 subparagraph 4 of the Criminal Procedure Act.

The lower court’s measure is lawful as it is in accordance with Article 370 and Article 277 subparag. 4 of the Criminal Procedure Act. In so doing, it did not err by misapprehending the legal doctrine

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.