The judgment below

The conviction portion is reversed, and this part of the case is remanded to the Seoul High Court.

Before determining the grounds of appeal, we examine it ex officio.

1. According to Articles 370 and 276 of the Criminal Procedure Act, the appellate court may not revise the court without the attendance of the defendant. However, according to Article 365 of the same Act, if the defendant does not appear in the court on the appellate court date, the court may determine the date again and render a judgment without the defendant's statement if the defendant does not appear in the court on the new trial date without justifiable grounds. However, in order to render a judgment without the defendant's statement without justifiable grounds, the defendant must not appear in the court after receiving a summons of legitimate

In addition, according to Article 63(1) of the Criminal Procedure Act, service by public notice to the defendant can be conducted only when the dwelling, office, or present address of the defendant is unknown. Thus, service by public notice without taking necessary measures to identify the dwelling, etc. of the defendant indicated in the record is not permitted as it violates Articles 63(1) and 365 of the Criminal Procedure Act (see, e.g., Supreme Court Decisions 95Do920, Jul. 14, 1995; 2006Do3892, Jul. 12, 2007).