The judgment below is reversed, and the case is remanded to the Ulsan District Court.

Judgment ex officio is made.

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.

The principle of prohibition on the above-mentioned raise of punishment applies, even in cases where a case for which the defendant applied for formal trial and another case are treated as concurrent crimes after consolidation and examination (see Supreme Court Decision 2019Do15700, Jan. 9, 2020). 2. The record reveals the following.

On November 7, 2019, the Ulsan District Court found the Defendant guilty of special larceny, special larceny, special larceny, and larceny, and sentenced one year and six months of imprisonment.

B. On May 10, 2018, the Daejeon District Court rendered a summary order of KRW 3 million against the Defendant’s obstruction of exercising his/her right, and thereafter, rendered a judgment of KRW 3 million on September 23, 2019 on the above case of the court 2018 High-Ma84 (hereinafter “ second case”) which accepted Defendant’s request for the recovery of formal trial.

C. On April 2, 2020, the court below reversed all of the judgment of the court of first instance on the grounds that the appeal case of the first case and the second case were combined, and found guilty of each of the above crimes, and sentenced the defendant to imprisonment with prison labor for the remaining crimes except for special larceny, and sentenced him to imprisonment with prison labor for one year and six months and six months within the applicable sentencing range.

3. Examining the above facts in light of the legal principles as seen earlier, since the case of the second case requires a formal trial only by the Defendant, the sentence of imprisonment with prison labor, which is more severe than the fine imposed by the summary order pursuant to the principle of prohibition of raising the type of punishment, shall not be imposed.