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The judgment of the first instance shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 1,00,000.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable. 2. Articles 458(2) and 365(2) of the Criminal Procedure Act provide that when a defendant who requested a formal trial fails to appear on the date of trial, a new date shall be fixed, and when the defendant fails to appear on the new date without justifiable grounds, a judgment may be rendered without the defendant's statement. This is a kind of disciplinary provision which considers that the defendant has waived his right to pleading on the merits due to the defendant's neglect to appear on two occasions, if the defendant intends to assume the responsibility for the second absence on two occasions, the defendant does not appear in the court without justifiable grounds even after receiving a writ
According to the records, the defendant was notified of the first and second court dates en bloc designated by the court of first instance on June 27, 2010, and the defendant was absent on the first and second court date on August 20, 2010, and the court of first instance did not notify the defendant of the second court date separately. As the defendant was absent on the second court date notified in advance of October 8, 2010, the court of first instance recognized the fact that the court of first instance sentenced the defendant to a judgment of conviction of a fine of KRW 3,00,000 by amending the law without the attendance of the defendant pursuant to Articles 458(2) and 365(2) of the Criminal Procedure Act.
In light of the above legal principles, even though it is difficult to deem that the failure of the defendant on the first and second trial date notified in a lump sum by the defendant, as in this case, constitutes a case where the defendant can revise without attendance of the defendant as prescribed by the Criminal Procedure Act, the first trial decision which declared the judgment without serving a writ of summons of the second trial date on the defendant separately violates Articles 458(2) and 365(2) of the Criminal Procedure Act, and thus, the first trial decision was no longer maintained in this respect.
3. According to the conclusion, the grounds for reversal ex officio prior to the judgment of the first instance court.