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

The grounds of appeal are examined.

1. Article 266 of the Criminal Procedure Act provides, “In the event a public prosecution is instituted, the court shall serve without delay a copy of the indictment on the defendant or his defense counsel: Provided, That the service shall be made not later than five days prior to the date of the first public trial.” Thus, if the first public trial is conducted without serving the defendant or his defense counsel with a copy of the indictment, it constitutes a violation of the Acts and subordinate statutes

In such a case, if the defendant was given an opportunity to sufficiently state the facts charged without raising an objection in the court of first instance, there is no error of law affecting the conclusion of the judgment.

(3) In a case where the first instance court summonss a defendant through service by public notice, and the first instance court proceedings were conducted while the defendant was not present on the trial date, the act of litigation conducted in such unlawful trial proceedings is invalid. In such a case, the appellate court shall serve the defendant or his defense counsel with a copy of the indictment and render a new litigation through lawful procedures, and then render a judgment again on the basis of the result of the trial, such as statement and examination of evidence, etc., in the appellate court.

(See Supreme Court Decision 2013Do9498 Decided April 24, 2014). 2. The record reveals the following facts.

(1) The first instance court rendered a judgment of the court of first instance, which determined that the Defendant shall be summoned by public notice as the Defendant did not serve a copy of the indictment, a writ of summons of the trial date, etc., and accordingly served two times or more by public notice, and subsequently, the trial proceedings shall proceed without the attendance of the Defendant, and recognized the Defendant guilty of the facts charged in this case, and sentenced the Defendant to one year imprisonment.

However, the first instance court at the time is service by public notice on the defendant until the trial proceedings are proceeded and the judgment is pronounced.