The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Before determining the grounds of appeal, we examine it ex officio.

1. Article 276 of the Criminal Procedure Act provides that if the defendant fails to appear on the trial date, the court shall not open the court unless there is a special provision.

However, Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that if a defendant is not a case falling under death penalty, imprisonment with or without prison labor exceeding ten years for life or imprisonment with or without prison labor in the first instance trial, if the location of the defendant is not verified until six months have passed since a report on the failure to serve on the defendant was received in order to identify the location of the defendant, a request for investigation, issuance of a detention warrant, or other necessary measures, the service on the defendant shall be made by public notice, and if the defendant fails to appear

Meanwhile, according to Articles 370 and 276 of the Criminal Procedure Act, the appellate court failed to revise the law without the defendant's appearance. However, Article 365 of the Criminal Procedure Act provides that when a defendant fails to appear in the court on the date of appellate trial, the court may render a judgment without the defendant's statement if the defendant fails to appear in the court on the new date without

When a judgment is to be rendered without a statement of a defendant in an appellate trial, it is necessary that the defendant does not appear in the court without justifiable grounds after receiving a writ of summons of legitimate court date.

(See Supreme Court Decision 2002Do2520 delivered on September 24, 2002). However, according to Article 63(1) of the Criminal Procedure Act, service by public notice to the accused can be made only when the dwelling, office, or present address of the accused is unknown. Thus, in a case where the record contains the Defendant’s home number or cell phone number, etc., the service by public notice to the accused can be made only