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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.
2. Articles 458(2) and 365 of the Criminal Procedure Act of the ex officio reversal provides that if the defendant who has requested a formal trial fails to appear on the trial date, the date shall be fixed again, and if the defendant fails to appear on the new trial date without any justifiable reason, a judgment may be rendered without the defendant's statement. This is a kind of disciplinary provision which considers that he/she has waived his/her right to pleading on the merits by negligence of the defendant, so if the defendant intends to assume the responsibility for his/her absence on two occasions, he/she does not appear in the court without justifiable
(2) According to the records, the court below held that the defendant was absent by opening the second trial date on May 29, 2013 and revised without the attendance of the defendant in accordance with Articles 458(2) and 365 of the Criminal Procedure Act and sentenced the defendant to a fine of three million won by amending the first trial date on May 24, 2013. The court below held that the defendant was sentenced to a fine of three million won by amending the second trial date without the attendance of the defendant in accordance with Articles 458(2) and 365 of the Criminal Procedure Act.
According to the above legal principles and the above facts, since the first trial date was notified or the first trial date was not served with the summons of the defendant, the fact that the defendant had been absent continuously on the first and second trial date does not constitute a case where the court can revise without the attendance of the defendant as prescribed by the Criminal Procedure Act.
However, since the court below rendered a judgment without delivering a writ of summons for additional trial date to the defendant, there is a ground for ex officio reversal in violation of Articles 458(2) and 365 of the Criminal Procedure Act.
A defendant's appeal shall be subject to grounds for appeal.