Defendant

Defendant

Seoul Eastern District Court Order 2005Gohap1637 dated September 12, 2005

The immediate appeal of this case is dismissed.

1. Summary of grounds for appeal;

On July 25, 2005, the Defendant received a certified copy of the summary order in the case of violation of the Attorney-at-Law Act on the 29th day of the same month, which is within the period for filing a request for formal trial after being served with the certified copy of the summary order in the Seoul Eastern District Court (case number omitted), but the above formal trial application was received from the court on August 3, 2005 due to an error by the employees of the above detention house. The above formal trial application was received to the court. The Defendant was not responsible for not receiving the application for formal trial to the court within the period for filing a request for formal trial.

2. Determination

A. According to the records, the defendant served a certified copy of the summary order of this case on July 25, 2005 on the Seongdong-gu District Court at the Seongdong-gu District Court, which was under the custody center on July 25, 2005, and submitted a formal trial application to the staff in charge of the above detention center on the 29th of the same month. However, the above formal trial application is recognized, however, the fact that the above formal trial application reached this

B. According to Article 453(1) of the Criminal Procedure Act, a request for formal trial shall be made within seven days from the date of receipt of notification of the summary order, and pursuant to Article 453(2) of the same Act, a request for formal trial shall be submitted in writing to the court that issued the summary order. In the case of a request for formal trial against the summary order, there is no special provision such as Article 344(1)1 of the Criminal Procedure Act concerning the written appeal, so the request for formal trial shall arrive at the court within the period for filing the request for formal trial. Even if the defendant in custody submitted the request for formal trial to the head of the prison or detention house or his/her representative within the above period, the submission of the application for formal trial cannot be deemed a legitimate submission unless the written request for formal trial reaches the court within

As long as the application for formal trial was submitted to the detention house within the period of the application for formal trial, it is evident that it was received by the court after the above period, the application for formal trial in this case is unlawful since it was made after the right to request formal trial

3. Conclusion

The decision of the court below that dismissed the request for the formal trial of this case is justifiable, and it is so decided as per Disposition by the assent of all participating Justices.

Judges Kim Jong-dae (Presiding Judge)

1) A special rule for a person who filed an appeal against a defendant who is in prison or detention house and has submitted a written appeal to the head of the prison or detention house or his/her deputy within the period for filing an appeal, shall be deemed to have filed an appeal within the period for filing an appeal. Article 458 of the Criminal Procedure Act applies mutatis mutandis to a request for formal trial in part of the provisions of the Criminal Procedure Act concerning an appeal, but Article 344(1)