The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

The grounds of appeal are examined.

According to Articles 370 and 276 of the Criminal Procedure Act, in principle, the appellate court shall not be open to the court without the attendance of the defendant: Provided, That when the defendant fails to appear in the court on the date of appellate trial pursuant to Article 365 of the Criminal Procedure Act, a new date shall be set and when the defendant fails to appear in the court on the new date

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 being summoned as a legitimate court date.

(2) According to the records, the court below's decision to serve public notice on the defendant was made and served on the defendant by public notice on February 9, 2012 (see, e.g., Supreme Court Decision 2010Do1199, Feb. 9, 2012). (1) According to the records, the court below postponed the pleadings on the second, third, and fourth public trial date without the defendant's appearance; (3) the witness and E witness witness was examined on the third public trial date; and (4) the witness and E was examined on the fourth public trial date; and (3) the defendant was not served on the third public prosecutor's evidence examination on the trial date; and (4) the court below failed to serve public notice on the third public prosecutor; and (4) the defendant was not served on the third public trial date by public notice on the date of examination of evidence; and (3) the defendant was not served on the third public prosecutor.