Supreme Court: "In Summary Order Appeal Trials, Merging Cases Must Not Increase Sentences"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that it is illegal to impose a single prison sentence when merging a case where the defendant requested a formal trial to contest a summary order issued without the defendant's presence in response to the prosecution's request for a fine, with a general case.

The Supreme Court's 3rd Division (Presiding Justice Lee Dong-won) overturned the original sentence of 1 year and 2 months imprisonment in the appeal trial of Mr. A, who was indicted on charges including fraud and injury, and remanded the case to the Seoul Central District Court's appellate division, the court announced on the 17th.

The court stated, "The lower court chose a heavier prison sentence than the fine in the summary order and then imposed a single prison sentence for the offenses in both cases," adding, "This violates the principle of prohibition against upgrading the type of punishment as stipulated in the Criminal Procedure Act."

This is based on the 'principle of prohibition against upgrading the type of punishment,' which states that a heavier type of punishment than that in the summary order cannot be imposed on a case where the defendant has requested a formal trial.

Mr. A was sentenced to 1 year and 2 months imprisonment by the Seoul Central District Court last September on charges of causing a disturbance by verbally abusing the owner when asked to pay for approximately 130,000 won worth of drinks and food at a bar.

Separately, Mr. A was also indicted in November 2018 on charges of assault and insult and received a summary order from the Seoul Central District Court imposing a fine of 3 million won. However, he contested this and a formal trial was held. Mr. A was found guilty there as well and was fined 3 million won.

Subsequently, the appellate court merged these two cases and sentenced Mr. A to 1 year and 2 months imprisonment.