The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The defendant could not attend the original trial due to the reason that the defendant could not be held responsible for the request for retrial.

B. In fact, the victim made a misunderstanding of the fact, and was pushed with flaps, but there has not been any voice of “where another person has a dynamic image that is in a relationship with the other person,” or the victim’s blapsing over the victim’s timber.

(c)

The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. According to the records on the existence of the grounds for request for retrial, the lower court may recognize the fact that a copy of the indictment, a writ of summons, etc. was served to the address as stated in the written indictment, and the defendant was unable to serve on July 27, 2017 due to the addressee’s unknown whereabouts on July 27, 2017, and that the defendant was summoned by telephone at two times on August 1, 2017 and August 9, 2017, but he was summoned by call from the participating officials of the lower court, and thus, he/she would have no idea to attend. Accordingly, the lower court may recognize the fact that the Defendant was served on the public notice on January 30, 2018, although he/she received measures such as request for correction of address, request for investigation of materials, issuance of detention warrant

According to the above facts, it is difficult to view that the defendant's failure to attend the trial of the court below was due to a cause not attributable to the defendant.

Therefore, the argument that there are grounds for the defendant's request for retrial is without merit.

B. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of fact: (i) the victim refers to the Defendant’s “where there is a crys and other people’s sexual intercourse” at an investigative agency; and (ii) the victim’s crypted from the victim’s perspective.

The statement, 2. The scam E refers to the above purport of the defendant to the victim and scambling the victim's scam.

The statement, 3. The defendant also stated the victim's desire and breath.