Defendant

Defendant

Woo-man Park

Daegu District Court Decision 2008Gohap174 Decided May 2, 2008

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

When the prosecutor forwards the records of the case of this case for which formal trial is requested to the court, all documents related to the case are delivered together despite submission of the formal trial and the written request for summary trial according to the principle of the principle of the indictment only. This is against the principle of the indictment only, and it is invalid in violation of the provisions of law

2. Determination:

A summary judgment is requested by the chief of the competent police station or the chief of the competent maritime police station (Article 3(1) of the Act on the Procedure for Summary Trials); the chief of the police station shall submit documents or articles of evidence necessary for the summary judgment at the same time along with the request for the summary judgment (Article 4 of the Act on the Procedure for Summary Trials); the chief of the police station’s request for a summary judgment is an act of litigation in the same nature as the prosecution of the public prosecutor in the ordinary trial, and the summary judgment is recognized as an exception to the principle of an indictment only in a prompt and proper procedure without going through ordinary criminal procedure against the ordinary criminal procedure for a crime in which evidence is obvious and the nature of the crime is minor. Therefore, at

In addition, in case where a defendant requests a formal trial against a summary judgment, the judge shall send the case records and articles of evidence accompanied by a request for formal trial to the chief of the police station within seven days from the date of receipt of the request for formal trial, and the chief of the police station shall without delay send them to the chief of the competent public prosecutor's office or branch office. The chief of the public prosecutor's office or branch office shall send them to the competent court (Article 14 (3) of the Criminal Procedure Act). When a request for formal trial is legitimate, the court must judge the formal trial (Article 14 (4) of the Criminal Procedure Act, Article 455 (3) of the Criminal Procedure Act), and the formal trial by the request for formal trial is the procedure of the same level as that of the summary judgment, even if the documents and articles of evidence already submitted to the judge have been again submitted to the competent court through the chief of the police station, the public prosecutor's office

Therefore, the defendant's assertion that this case's indictment procedure constitutes invalid in violation of the law is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Jong-chul (Presiding Judge)