The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Comprehensively taking account of the following facts acknowledged by the record, the defendant is unable to attend the trial of the court of original instance due to a cause not attributable to him, and thus, he may request a retrial under Article 23-2 (1) of the Act on Special Cases concerning Promotion, etc. of Lawsuit

Therefore, this court shall reverse the judgment of the court below and render a new judgment in accordance with the result of the trial in this court (see, e.g., Supreme Court Decision 2014Do17252, Jun. 25, 2015). Thus, the judgment of the court below cannot be maintained as it is.

(1) The original court served a copy of the indictment and a writ of summons of the defendant by means of public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced the defendant to a fine of five million won, after the defendant was absent.

(2) The defendant was unable to be served with a duplicate, etc. of indictment and was unaware of the fact that judgment was pronounced.

The claim for recovery of the right of appeal was filed.

(3) The original court recognized that the defendant was unable to appeal within the period of appeal due to any cause not attributable to him/her and decided to recover his/her right to appeal.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by the court below is identical to the corresponding column of the judgment below, since the summary of facts constituting a crime and evidence is added to the summary of evidence of the court below's judgment in addition to adding "the defendant's oral statement at the court below". Thus, the Criminal Procedure Act is applicable.