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The judgment below
The part concerning the third crime in the judgment shall be reversed.
A fine shall be imposed on the third offense in the judgment of the court below.
Reasons
1. The summary of the grounds for appeal (crimes 1 and 2 in the original judgment: fine of 4 million won and fine of 3 million won in the original judgment: fine of 2 million won) declared by the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to the records, the defendant was charged with the following facts: ① on August 22, 2018, the defendant served a copy, etc. of indictment on August 22, 2018 with regard to the crimes of Articles 1 and 2 (Supplementary District Court Decision 2018Da2562) as stated in the judgment of the court below; on October 12, 2018, the defendant appeared on the same day and the pleading was concluded on the fourth day; ② the defendant was not present on the date declared on November 6, 2018; ② the defendant was additionally indicted on November 19, 2018 as stated in the judgment of the court (Supplementary District Court Decision 2018Da4971); ③ the court below made a consolidation decision upon the prosecutor’s application; ③ the defendant sent a copy, etc. of indictment by public notice with regard to the combined cases by the court below; the defendant was absent on August 23, 2019; and the defendant was sentenced to a fine of KRW 205 million on each of the appeal.
According to the above facts of recognition, the defendant was unable to attend the trial proceedings of the crime of Article 3 of the judgment of the court below due to a cause not attributable to himself, so the above part of the judgment of the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 3
Therefore, the appellate court, after proceeding with new litigation procedures by delivering a copy of indictment, etc., shall reverse the above part of the judgment below and re-examine the same according to new results of the trial.