The judgment of the court below is reversed.

Defendant shall be punished by a fine not exceeding five hundred thousand won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal did not inflict any injury on D, and the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts.

2. Ex officio determination

A. According to the records, although the Defendant was present on the fifth trial date on April 26, 201 (the date in which written indictment and the testimony of witness was made on the date in which all written indictment and witness was made), the Defendant was absent on the sixth trial date on June 14, 201, and the lower court revised the sixth trial date without the attendance of the Defendant and concluded the pleadings on the said trial date, and even though the writ of summons on the trial date as of July 1, 201 was not served on the Defendant due to the addressee’s unknown whereabouts, it can be recognized that the Defendant rendered the judgment without the attendance of the Defendant on July 1, 2011.

However, according to Articles 458(2) and 365 of the Criminal Procedure Act, when a defendant fails to appear in the court on the date of the formal trial procedure, a new date shall be 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 defendant's statement. In order to render a judgment without the defendant's statement, the defendant need not appear in the court without justifiable grounds on two consecutive occasions (see, e.g., Supreme Court Decisions 201Do11210, Dec. 8, 2011; 201Do1616, Jun. 28, 2012). In this case, as seen earlier, since the defendant was absent on two consecutive occasions, a trial without the defendant's statement is not possible.

Therefore, the judgment of the court below which concluded the hearing on the sixth trial date is erroneous in violation of Articles 458 (2) and 365 of the Criminal Procedure Act.

B. In addition, according to records, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the District Court on September 1, 201, and the judgment became final and conclusive on January 12, 2012.