The Supreme Court said, "When the defendant did not appear, the trial ended and the sentence was illegal."

2024.10.11. AM 08:23
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When the defendant did not attend, the lower court ruling, which immediately ended the trial and sentenced him to a fine, was overturned by the Supreme Court for violating the lawsuit law.

On the 13th of last month, the Supreme Court reversed the court ruling that sentenced A, who was charged with theft, to a fine of 100,000 won and returned the case to the Incheon District Court.

In May last year, A was fined 100,000 won in the first trial after being accused of stealing dozens of decorative pebbles from a house in Michuhol-gu, Incheon.

Afterwards, A appealed, but when he did not appear at the first trial of the second trial, the court concluded the argument and sentenced A to a fine.

Under the Criminal Procedure Act, if the accused does not appear, the date can be rescheduled and notified, and the second date must not appear, so that the judgment can be made without the accused, but the second trial court ruled immediately.

The Supreme Court reversed and returned the case to try again, saying that the original proceedings were wrong to influence the ruling in violation of the Criminal Procedure Act.



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