1. Article 457-2(1) of the Criminal Procedure Act provides that “No sentence more severe than that imposed by a summary order shall be imposed on a case for which the defendant has requested formal trial.” Article 457-2(1) provides the principle prohibiting the raise of punishment in the case for formal trial.

2. The record reveals the following facts. A.

On June 11, 2018, the Suwon District Court rendered a summary order of a fine of KRW 3 million to the defendant for larceny, each fraud, and the violation of the Specialized Credit Financial Business Act, and requested a formal trial only by the defendant.

B. The court of first instance joined the above case (2018 High Court Decision 850), 2018 High Court Decision 2018 High Court Decision 2752, and subsequently, the following seven cases were additionally joined.

C. On July 12, 2019, the first instance court: (a) chosen both imprisonment for each crime as indicated in its judgment; (b) imposed both concurrent crimes; and (c) sentenced the Defendant to one year and two months of imprisonment; and (d) the Defendant and the prosecutor filed an appeal on the grounds of unfair sentencing.

On October 11, 2019, the lower court dismissed all the appeals on unfair sentencing by the Defendant and the prosecutor.

3. Examining the above facts in light of the legal principles as seen earlier, the part of the first instance judgment concerning the case of 2018 High Court Decision 2018 High Court en banc Decision 850 was rendered by selecting a type of imprisonment with prison labor, which is more severe than a fine imposed by the summary order even though the Defendant requested a formal trial. Thus, the lower court erred by violating the principle of prohibition of raising the penalty prescribed in Article 457-

Nevertheless, the lower court upheld the judgment of the first instance court as it is, which affected the conclusion of the judgment in violation of Article 457-2(1) of the Criminal Procedure Act.

4. Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating