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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The defendant above.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. The defendant's grounds for appeal ex officio are examined ex officio prior to the judgment.
Article 457-2(2) of the Criminal Procedure Act (amended by Act No. 15257, Dec. 19, 2017; effective from December 19, 2017) provides, “Where a defendant declares a penalty heavier than that of a summary order with respect to a case for which a request for formal trial has been made, the reasons for sentencing shall be stated in the written judgment.”
According to the records of this case, the Defendant was issued a summary order of KRW 1.5 million in the case of violation of the Trucking Transport Business Act (Seoul District Court Decision 2018Da7619, Dec. 10, 2018). On December 24, 2018, the Defendant requested a formal trial against the above summary order on December 24, 2018. Accordingly, the lower court, on May 29, 2019, declared a fine of KRW 2 million to the Defendant on May 29, 2019, and recognized the fact that the reasons for sentencing are not stated in the said summary order.
Therefore, since the court below sentenced a more severe punishment than that of a summary order on a case for which the defendant requested formal trial, but omitted the reasons for sentencing in the written judgment, thereby committing a mistake in violation of Article 457-2(2) of the Criminal Procedure Act, the court below was no longer able to maintain the judgment below.
3. If so, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.
[Judgment used again for the defendant] The facts constituting a crime recognized by the court is identical to the facts in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
1. The defendant's oral statement in court;
1. The police of A;