The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of a fine of KRW 5 million imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Ex officio determination

A. Before determining the grounds for appeal by the prosecutor of the facts of recognition, the following facts are acknowledged according to the records of this case.

1) The lower court sent a copy of the instant indictment, a writ of summons of the Defendant, etc. to “W of Correction in Sung-nam City,” which was written in the instant indictment as the Defendant’s residence, but did not serve.

2) In addition, while the lower court took such measures as the detection of the location of the Defendant’s residence, the commission of detention warrant, the issuance of detention warrant, and the request for the dispatch of geographical names, the location of the Defendant

3) On July 13, 2017, the lower court rendered a decision ordering the service of the Defendant to be made public notice, and accordingly served a copy of the indictment, a written application for changes in indictment, and a writ of summons, etc. on the seventh trial date ( August 22, 2017) by means of public notice.

4) On August 22, 2017, the lower court delayed the date when the Defendant was absent on the seventh trial date, and designated the following date on September 7, 2017 as well as served a writ of summons by means of public notice. On September 7, 2017, the lower court revised the trial without the Defendant’s appearance and renewed the trial proceedings and notified the Defendant of a decision to permit changes in indictment, after completing the examination of evidence and closing the pleadings, and sentenced the Defendant on September 28, 2017.

B. The main text of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that "where it is impossible to confirm the whereabouts of the defendant by the lapse of six months from the date of receipt of the report on the failure to serve on the defendant in the trial proceedings in the first instance, the defendant may be tried without the statement of the defendant, as prescribed by the Supreme Court Regulations."