beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The defendant does not pay the above fine.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 700,000) is too unfased and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the prosecutor claims a summary order of KRW 2 million against the defendant; ② The Busan District Court East District Court issued a summary order of KRW 700,000 as a fine of KRW 200,000 to the defendant; ② the prosecutor demanded a formal trial against the above summary order; ③ the court below which deliberated on the above formal trial case: (a) the defendant’s writ of summons was not served on the date of the second public trial on February 27, 2017, and the defendant’s summons was revised without the attendance of the defendant pursuant to Articles 365 and 458(2) of the Criminal Procedure Act and concluded the pleadings without the attendance of the defendant on March 15, 2017.
However, according to Articles 455(3) and 276 of the Criminal Procedure Act, if a defendant who has requested a formal trial fails to appear in the court on the date of public trial pursuant to Articles 458(2) and 365 of the same Act, he/she may again fix the date and render a judgment without a statement of the defendant if the defendant fails to appear in the court on the new date without justifiable grounds.
In order to render a judgment without a defendant's statement, it is necessary that the defendant does not appear in the court without justifiable grounds even after receiving a summons of due date of public trial (see Supreme Court Decision 2016Do11094, Oct. 27, 2016). As to the case for which a public prosecutor's request for formal trial is made, it is impossible to revise the case without the defendant's appearance pursuant to Articles 365 and 458 (2) of the Criminal Procedure Act, and as to the case without the defendant's statement pursuant to the provisions of the Criminal Procedure Act, the defendant is duly served a writ of summons of public trial date without justifiable grounds.