The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.

2. According to the records of ex officio judgment, the defendant was absent on the first trial date of the court below, but was present on the second trial date, and was not present again on the third trial date, and the court below revised the defendant without his appearance pursuant to Articles 365 and 458(2) of the Criminal Procedure Act on the third trial date, concluded his pleading on the trial date, and rendered a judgment without his appearance on the fourth trial date.

However, according to Articles 365 and 458(2) of the Criminal Procedure Act, when a defendant who requested a formal trial fails to appear in court on the trial date and fails to appear in court on the trial date without justifiable grounds, a judgment may be rendered without a statement of the defendant. Thus, in order to render a judgment without a statement in the absence of the defendant, the case must fall under the case where the defendant fails to appear in court on two consecutive occasions without justifiable grounds (see, e.g., Supreme Court Decision 2011Do1616, Jun. 28, 2012). In this case, as seen earlier, since the defendant was not present on two consecutive occasions, a judgment may not be rendered without the statement of the defendant.

Therefore, the judgment of the court below which revised the evidence without the attendance of the defendant on the three-time trial date and concluded the pleading is erroneous in violation of Articles 365 and 458 of the Criminal Procedure Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.