The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Ex officio determination

A. Articles 458(2) and 365(2) of the Criminal Procedure Act provide that if the defendant who has requested a formal trial fails to appear on the date of trial, a new date shall be fixed, and if the defendant fails to appear on the new 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 neglecting the defendant, so if he/she intends to have his/her responsibility for second absence on two occasions, he/she does not appear in the court without justifiable grounds after receiving a summons

B. (See, e.g., Supreme Court Decision 2002Do326, Apr. 12, 2002).

Therefore, in order to hold a substitute trial against a defendant who has been absent twice pursuant to the above provisions of the Criminal Procedure Act, the defendant has been absent once, and the court has notified this date again, but the defendant has to be absent on that date. According to the records, the court below rendered a judgment in the absence of the defendant in the presence of the defendant on the ground that the defendant has been continuously absent on the date of 1 and 2 times the first and second court dates notified en bloc, and the defendant has been notified 1 and 2 times the first and second court date. Such decision of the court below is in violation of the Criminal Procedure Act, and thus the litigation procedure is unlawful, so

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there is a ground for ex officio reversal, and the judgment below is ruled as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. As such, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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