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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. Where the defendant who is dissatisfied with a summary order and has requested a formal trial, fails to appear in the court on the date of the formal trial procedure, the date of new trial shall be fixed, and where the defendant fails to appear in the court on the new date without justifiable grounds, the judgment may be rendered without statement of the
(Article 458(2) and Article 365 of the Criminal Procedure Act (Article 458(2) and Article 365 of the Criminal Procedure Act). This is a kind of restrictive provision which considers that a defendant’s neglect to present the case is deemed to have waived his right to present the case. Thus, if such two absences are to revert to the defendant, it is necessary that he does not appear
(2) In light of the records, the court below's judgment on April 12, 2002 is acknowledged as follows: (a) the court below summoned the defendant as a lump sum of the first and second court dates; (b) the defendant was absent on the first court date; and (c) the defendant was absent on the second court date; and (d) the court below promptly rendered a judgment and rendered a decision without any justifiable reason when the defendant was absent on the second court date; (b) the defendant did not appear on the second court date; and (c) the court below did not appear on the second court date on the second court date and did not constitute a case where the defendant did not appear on the second court date without any justifiable reason after receiving a summons through legitimate court date over two times (it is difficult to view that the above date was designated as a lump sum for intensive examination under Article 267-2 of the Criminal Procedure Act; and (c) it is difficult to see that the defendant's opinion was presented in accordance with Article 124-2 of the Regulation on Criminal Procedure with regard to such designation en bloc.
2. In conclusion, the judgment of the court below is 20 days even after the defendant received the notification of the receipt of the trial records on the grounds of ex officio reversal.