주민등록법위반등
The judgment of the court below is reversed.
The request for formal trial of this case is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.
2. Ex officio determination
A. The Defendant who intends to request a formal trial against a summary order shall make a written request for formal trial within seven days from the date of receipt of notification of the summary order (Article 453(1) and (2) of the Criminal Procedure Act), and when it is evident that the request for formal trial is after the extinguishment of the right to demand the formal trial, the court shall dismiss it by its ruling (Article 455(1) of the same Act). B. According to the records, the copy of the instant summary order was served on G, who is living together in the Defendant’s residence on February 4, 2016, and the Defendant’s request for formal trial was submitted on February 12, 2016, after seven days from the date of receipt of notification of the summary order.
(c)
If so, the court below should have dismissed the request for formal trial on the ground that the request for formal trial was made after the extinction of the right to demand formal trial, but the court below erred in the misunderstanding of legal principles and affected the judgment.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act and the request for formal trial of this case is dismissed without examining the defendant's unfair argument of sentencing. It is so decided as per Disposition by the assent of all participating Justices on the bench.