The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. According to Articles 455(3) and 276 of the Criminal Procedure Act, an amendment is not made without the attendance of the defendant in a formal trial procedure against a summary order: Provided, That pursuant to Articles 458(2) and 365 of the same Act, when the defendant who has requested a formal trial fails to appear in the court on the date of public trial, a new date is set and a judgment may be rendered without the statement of the defendant when the defendant fails to appear in the court on the date again

In order to render a judgment without a defendant's statement, it is necessary that the defendant does not appear in the court without justifiable grounds even after receiving a summons of legitimate court date.

In addition, according to Article 63(1) of the Criminal Procedure Act, service by public notice to the defendant can be made only when the dwelling, office, or present address of the defendant is unknown. Thus, in the event the defendant's office telephone number or mobile phone number is shown on the record, an attempt to identify the place where service is made by contact with the telephone number of the defendant and to look at the place where service is made by public notice without taking such measures, and making a judgment without the defendant's statement is not permitted since it violates Articles 63(1), 458(2), and 365 of the Criminal Procedure Act

(see, e.g., Supreme Court Decision 201Do11210, Dec. 8, 2011). Meanwhile, according to Articles 370 and 276 of the Criminal Procedure Act, an appellate court may not amend without the attendance of a defendant. However, pursuant to Article 365 of the same Act, where a defendant does not appear in the court on the appellate court date, the court may render a judgment without the statement of the defendant when the date of new trial is set and the defendant fails to appear in the court on

In addition, Article 63(1) of the Criminal Procedure Act applies to the appellate procedure, so the above legal principle also applies to the appellate procedure.