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 decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the original court served a copy, etc. of indictment by public notice under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and served a copy, etc. of indictment by public notice, and served the trial proceedings in the absence of the defendant, and sentenced the defendant to a fine of KRW 5 million on September 19, 2018. The defendant filed a petition for recovery of the right to appeal against the original judgment on July 22, 2019, and the original court rendered a decision to recover the defendant's right to appeal on July 29, 2019, and the above decision can be

According to the above facts, the defendant was unable to attend the trial of the court below due to a cause not attributable to himself. Thus, the court below recognized the grounds for a request for retrial under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which constitutes grounds for appeal under Article 361-5 subparagraph 13 of the

Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a duplicate of indictment, etc., and reverse the judgment of the court below and render a new judgment according to the result of a new trial. Thus, the judgment of the court below cannot

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, it shall be invoked in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the facts constituting an offense and the solicitation of punishment;