상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged on the ground that there was no fact that C, first of all, assaulted the Defendant and flaged the Defendant and flaged C, and did not inflict an injury on C’s eye by drinking the face.
② Since the Defendant refused to leave, at the time of May 21, 2014, had been living together with C, the lower court found the Defendant guilty of this part of the facts charged, failing to comply with C’s demand for eviction.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. (1) According to Articles 455(3) and 276 of the Criminal Procedure Act, the court may not revise the judgment without the attendance of the defendant in the ordinary trial proceedings against a summary order. However, pursuant to Articles 458(2) and 365 of the same Act, if the defendant does not appear in the court on the trial date of the formal trial proceedings, the new date is set and if the defendant does not appear in the court on the new trial date without justifiable grounds, the court may render a judgment without the defendant's statement. Thus, in order for the defendant to render a judgment without the defendant's statement, it is necessary that the defendant does not appear in the court without justifiable grounds even after receiving a writ of summons of the due trial date.
In addition, according to Article 63(1) of the Criminal Procedure Act, public notice service for the accused can be made only when the dwelling, office, and present location of the accused are unknown. Thus, in the event that the office or mobile phone number of the accused appears on the record, it should be viewed that the Defendant’s location to be served by contact with the above telephone number is confirmed, and without taking such measures, the service by means of public notice is made and judgment is rendered without the statement of the accused.