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The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) of the lower court against the Defendant is too unreasonable.
2. We examine ex officio the judgment on the grounds for appeal ex officio.
Article 457-2 of the former Criminal Procedure Act (amended by Act No. 15257, Dec. 19, 2017) provides that “No sentence more severe than that imposed on a case for which a defendant has requested formal trial shall be pronounced.” However, Article 457-2(1) of the current Criminal Procedure Act provides that “No sentence more severe than that imposed on a summary order shall be imposed on a case for which the defendant has requested formal trial” (Article 457-2(1) of the current Criminal Procedure Act provides that “the principle of prohibition against disadvantageous changes in the case for which the defendant has requested formal trial was requested shall be changed to “the prohibition against a higher punishment” as of the present case, and where the defendant declares a more severe punishment than that imposed on the case for which the formal trial was requested, the reasons for sentencing shall be stated in the written judgment pursuant to Article 457-2(2) of the Criminal
According to the records of this case, in the case of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury), Seoul Northern District Court Decision 2019 High Court Decision 2019 High Court Decision 2039, Apr. 25, 2019, the Defendant issued a summary order of KRW 700,000,000 and applied for formal trial against the above summary order on May 3, 2019. Accordingly, the lower court, on May 6, 2020, declared a fine of KRW 1.5 million against the Defendant on May 6, 2020, and recognized the fact that the reason for sentencing was not specified in the said summary order.
According to the above facts, in this case where only the defendant requested formal trial against the summary order of KRW 70,00,000, the court below sentenced a fine in an amount higher than the summary order does not violate Article 457-2(1) of the Criminal Procedure Act, but it is against Article 457-2(2) of the Criminal Procedure Act, which did not state the reasons for sentencing in the judgment when sentenced to more severe punishment than the summary order.