The judgment of the court below is reversed.

Seoul Northern District Court 2017 High Court Decision 10109 High Court Decision 2010.

According to the records of this case, on August 9, 2017, the prosecutor filed a request for a summary order against the Defendant with Seoul Northern District Court 2017 High Court Decision 10109, and on September 11, 2017, the above court issued a summary order to the effect that the Defendant is punished by a fine of KRW 1,50,000,000, and the fact that the Defendant submitted a request for a formal trial to the above court on August 24, 2017, prior to the issuance of the above summary order.

The main text of Article 453(1) of the Criminal Procedure Act, "public prosecutor or the defendant may apply for formal trial within seven days from the date of receipt of notification of the summary order.

Section 2 of the same Article shall apply for formal trial in writing to the court that issued the summary order.

As stated in each of the above provisions, a request for the above formal trial made before the issuance of the summary order violates the methods stipulated in the above provisions, and the lower court should have dismissed the Defendant’s request for the above formal trial pursuant to Article 455(1) of the Criminal Procedure Act.

Nevertheless, the lower court erred by excluding this, thereby adversely affecting the conclusion of the judgment. In so doing, the lower court erred by misapprehending the legal doctrine on the merits and thereby affecting the conclusion of the judgment.

Therefore, without examining the grounds for appeal by the defendant, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and pursuant to Article 455(1) of the Criminal Procedure Act, the defendant's request for formal trial against the summary order issued by the above court on September 11, 2017 against the defendant on the summary order issued by the above court on September 24, 2017 is dismissed. It is so decided as per Disposition.