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The judgment of the first instance shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal (the defendant was in a state of mental disability under the influence of alcohol at the time of each of the crimes in this case) and unfair sentencing; 2. The judgment of this court
A. Articles 458(2) and 365(2) of the Criminal Procedure Act provide that when the defendant who requested a formal trial fails to appear on the date of trial, the date shall be fixed again, and where the defendant fails to appear on the new date without any justifiable reason, a judgment may be rendered without the defendant's statement. This is a kind of disciplinary provision which considers that the defendant's neglect to present the merits would result in waiver of his/her right to pleading, so if the defendant intends to revert his/her responsibility twice to the defendant, the defendant does not appear in the court without justifiable grounds even after receiving a summons of legitimate court date
According to the records, the defendant filed a request for the recovery of the right to request a formal trial against each summary order of this Court No. 2010 High Court No. 2010 High Court No. 20493, 15920, 38468, 32069, and 25578 (this court's notice of each decision of rejection on January 19, 2012) and received a notice of each of the first and second court dates designated collectively, and received a notice of each decision of rejection on March 14, 2012; the defendant was not present at the court of first instance on March 14, 2012; the defendant was not present at the court of first instance on March 317, 2017, 318 (Joint), 319 (Joint), 320 (Joint), 321 (Joint), and 321 (Consolidated). The court of first instance on March 20, 2015; the defendant was not present at the court of the court of second instance on February 20
In light of the above legal principles, it is deemed that the defendant's absence on the first and second trial date notified in a lump sum constitutes a case where the defendant can be revised without the attendance of the defendant as prescribed by the Criminal Procedure Act.