The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Ex officio determination

A. Where a judgment becomes final and conclusive after having been convicted of a defendant under the absence of the defendant pursuant to the main sentence of Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., if the defendant is unable to attend the trial due to a cause not attributable to him/her, he/she may request a retrial on the conviction pursuant to Article 23-2(1) of the Act on Special Cases concerning the

Therefore, the appellate court should examine whether there are grounds for the request for retrial under the provisions of the retrial of this case, and if it is recognized that there are such grounds, the appellate court shall reverse the judgment of the first instance and render a new judgment in accordance with the results of the new trial.

(see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). B.

On May 11, 2018, the lower court determined that service of the Defendant by public notice should be made to the Defendant on the grounds that the Defendant was unable to serve a duplicate of the indictment, etc. due to his/her unknown whereabouts, and examined evidence on July 10, 2018, under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the Defendant did not appear, and sentenced the Defendant to a fine of KRW 3 million on July 26, 2018.

According to the above facts of recognition, it is recognized that there is no reason attributable to the defendant to attend the trial of the court below, and there is a reason to request a retrial under the provisions of the retrial of this case. Accordingly, the court below revoked the decision of service by public notice in the trial and served a copy of the indictment again, and then newly progress the trial proceedings including the examination of evidence

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and the following is re-written.