The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Ex officio determination

A. On February 24, 2016, the Defendant was served with a notice of receipt of the record of trial by this court, but failed to submit a written reason for appeal within the submission period for the reason for appeal, and it is evident that the petition of appeal does not contain any indication of the reason for appeal.

However, ex officio, the judgment of the court below can no longer be maintained for the following reasons.

B. According to Article 365 of the Criminal Procedure Act, which applies mutatis mutandis pursuant to Article 458(2) of the same Act, where the defendant who is dissatisfied with a summary order fails to appear on the trial date of the formal trial procedure, the new trial date shall be fixed, and where the defendant fails to appear on the trial date again without justifiable grounds, the trial and judgment may be rendered without the defendant's statement.

This is a kind of disciplinary provision that considers the Defendant’s neglect to waive the right to pleadings on the merits. If the Defendant wishes to assume the responsibility for such absence on two occasions, the Defendant need not appear in the court without justifiable grounds after receiving a writ of summons on the trial date (see, e.g., Supreme Court Decision 2002Do326, Apr. 12, 2002). According to the records of this case, the lower court designated the date of the first trial as of September 21, 2015 and served on August 3, 2015 by sending a writ of summons to the Defendant’s residence, and the Defendant’s mother was absent on the date of the first trial, and the lower court was served on August 2, 2015 by having the Defendant designated as the date of the second trial on November 2, 2015 and sent D’s summons to October 12, 2015; and the Defendant was served on the date of the Busan District Court’s second trial on August 25, 2015.