The prosecutor's appeal is dismissed.

1. In a case where a decision on the recovery of a formal trial is rendered even though the defendant demanded the recovery of the right to demand the formal trial even though the period for claiming the recovery of the right to demand the formal trial lapsed, the court shall decide on the dismissal of the above request for the formal trial without determining the merits.

B. The Defendant paid a fine upon receiving the summary order of this case, and the Defendant acknowledged the fact that he did not participate in the reserve forces training in the court. However, the lower court found the Defendant not guilty of the facts charged of this case even though it should be evidence to prove the facts charged.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. As to the decision on the recovery of the right to claim a formal trial of the relevant legal doctrine, only an appeal may be lodged by the immediate appeal as provided by Articles 458(1) and 347(2) of the Criminal Procedure Act, and the validity of the decision on the recovery of the right to claim a formal trial of which no objection is raised shall no longer be contested. Thus, even if the decision on the recovery of the right to claim a formal trial is unfair, if the decision is made in an unfair manner, the court handling the right to claim a formal trial of which the request for a formal trial has been filed within a legitimate period, or whether there is a reason for the recovery thereof, shall make a decision on the merits by proceeding the ordinary trial without examining whether

Supreme Court Decision 2004Mo351 Dated January 17, 2005

B. 1) According to the records, the Defendant did not receive a certified copy of the summary order as to the facts charged in the instant case from the Cheongju District Court 2005 High Court Decision 19439, and was aware of the said summary order on September 16, 2015.

On January 17, 2017, the Defendant filed a claim for the recovery of the claim for formal trial of this case. On January 19, 2017, the court rendered a decision on the recovery of the claim for formal trial of this case, and the Prosecutor did not immediately appeal.