The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Error 1) Although there was a fact that the Defendant had been faced with the victim on September 4, 2016 and around September 8, 2016, there was no coercion, the Defendant did not assault the victim on September 8, 2016.

B. The lower court’s sentencing (a fine of KRW 7 million and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to the judgment ex officio.

According to Articles 455(3) and 276 of the Criminal Procedure Act, an amendment is not made without the attendance of a defendant in a formal trial procedure against a summary order: Provided, That pursuant to Articles 458(2) and 365 of the same Act, when a defendant fails to appear in the court on the date of public trial, a new date is set and when the defendant fails to appear in the court on the new date without justifiable grounds, a judgment may be rendered without the statement

(Supreme Court Decision 201Do11210 Decided December 8, 201). However, according to Article 365 of the Criminal Procedure Act, where a defendant fails to appear in court on the court date without justifiable grounds even though he/she was unable to appear in court on the court date, a judgment may be rendered without the defendant’s statement. Thus, in order to render a judgment without any justifiable reason without the defendant’s statement when he/she was absent, the case falls under the case where the defendant did not appear in court on two consecutive consecutive occasions upon receiving the notice of due date of trial

(see, e.g., Supreme Court Decisions 2005Do9291, Feb. 23, 2006; 201Do16166, Jun. 28, 2012). According to the records of this case, although the Defendant was absent on the first trial date of the lower court on July 6, 2018, the Defendant appeared on each of the second and third trial dates of the lower court, and on September 14, 2018, the Defendant was absent on each of the fourth trial date of the lower court, and thus, the Defendant did not appear on two consecutive occasions.

Article 318 of the Criminal Procedure Act, however, the original court opened the fourth trial date.