The judgment below

Of the first instance judgment of the first instance court, the first-class 1 of the second-class 2019 High-class 1778.

The crime of this paragraph and the crime of the second judgment of the court of first instance.

1. 1-A of the first instance judgment of the court of first instance, 2019 high group 1778;

We examine the crime of paragraph and the part of the second judgment of the court of first instance (hereinafter referred to as "part of destruction").

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

The principle prohibiting the raise of punishment applies as it is to the case where a defendant claims a formal trial and the case where another case is consolidated and subsequent to concurrent crimes (see, e.g., Supreme Court Decision 2019Do15700, Jan. 9, 2020). This also applies to the case where an appeal is filed against the judgment of the court of first instance against which a fine is imposed upon the defendant upon his/her request for formal trial.

(see, e.g., Supreme Court Decisions 2020Do1120, Apr. 9, 2020; 2020Do1634, Apr. 9, 2020). (b)

According to the record, the following facts are revealed.

(1) The progress of the 2019No3853 case among the two cases joined in the lower court is as follows.

On April 30, 2019, the Defendant was indicted for larceny and damage to public goods at the Daejeon District Court's Incheon District Court's 2019 (2019dan905). 3 cases (2019Dadan1366, 2019 Godan1778, 2019 Godan1836) were additionally combined.

On November 28, 2019, the above court rendered concurrent crimes under the latter part of Article 37 of the Criminal Act, 1-A of the second half of 2019 high group 1778.

One month of imprisonment with prison labor and one month of imprisonment with prison labor for the remaining crimes (the first instance judgment) and the defendant filed an appeal.

(2) The progress of the case 2019No1810 among the two cases joined in the lower court is as follows.

On September 13, 2018, the Daejeon District Court rendered the defendant a summary order of a fine of 5 million won and 40 hours to complete a sexual assault treatment program, with regard to the crime of indecent act by compulsion, and then requested the restoration of the defendant's formal trial.