The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, ① the court below served a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced ten months to imprisonment by proceeding a trial in the absence of the defendant. ② The defendant was unable to appear in the trial proceedings due to a cause not attributable to him/her, ② the defendant filed a petition for recovery of his/her right of appeal in the absence of an appeal within the appeal period, and ③ The court below

Since the Defendant was unable to attend the trial in the trial due to a cause not attributable to the Defendant, there was a ground for requesting a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes “when there is a ground for requesting a retrial,” which is the ground for appeal under Article 361-

(see Supreme Court Decision 2015Do8243, Nov. 26, 2015). Accordingly, this Court shall proceed with a new litigation proceeding and render a new judgment according to the result of a new trial, and thus, the lower judgment cannot be maintained as it is.

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

[D. In addition, “1. Defendant’s oral statement” is the same as the corresponding column of the judgment of the court below, except where “1. Defendant’s oral statement” is added to the summary of the evidence of criminal facts and evidence.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment for Crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant has been punished for the same kind of crime.

The defendant saw a saw to the victim in operation.