The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the suspended sentence of KRW 200,000) is too uneasy and unreasonable.

2. Ex officio determination

A. According to the relevant legal principles, namely, Article 14(1) of the Procedure Act and Article 14(2) of the same Act, the defendant and the chief of a police station may request formal trial in cases where he/she is dissatisfied with a trial. In other words, according to the provisions of Article 19 of the same Act, unless otherwise provided in the above Act in a trial proceeding, the provisions of the Criminal Procedure Act shall apply mutatis mutandis to the case not contrary to its nature. Meanwhile, pursuant to the provisions of Articles 453 and 457-2 of the Criminal Procedure Act, a public prosecutor or the defendant may request formal trial in cases where he/she is dissatisfied with a summary order. However, in cases where the defendant requests formal trial, he/she shall not be sentenced to punishment heavier than that of the summary order, or a right to request formal trial for a case where he/she is dissatisfied with a judgment by summary procedure, he/she shall have the same nature as a right recognized as a party to the lawsuit and shall not be subject to the cancellation or cancellation of the sentence, namely, the provisions of Article 95 of the Criminal Procedure Act.