Supreme Court: "Prison Sentence for Defendant Who Didn't Know Trial Was Held, Retrial Required"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that if a defendant who did not attend the trial because they were unaware that the trial was taking place is sentenced to imprisonment, the trial must be retried.

The Supreme Court's First Division (Presiding Justice Lee Gi-taek) overturned the original verdict that found Mr. A guilty in the appeal trial on charges of assault and sent the case back to the Seoul Southern District Court, the court announced on the 23rd.

The court accepted Mr. A's petition for restoration of the right to appeal, stating, "The original court proceeded with the trial and dismissed the appeal while the defendant was absent for reasons beyond his responsibility, which constitutes grounds for requesting a retrial."

Mr. A was prosecuted for assaulting an employee who blocked his entry to a sauna, saying "No intoxicated customers allowed," after he tried to enter while drinking in October 2016.

The trial proceeded without Mr. A's attendance. The court attempted to notify Mr. A to appear, but contact could not be made, so the summons was served by public notice.

Public notice service is a system where, if contact with the defendant or their residence is unclear, the notice of the trial is published in the official gazette and is considered to have been delivered to the defendant.

The first trial sentenced Mr. A to four months in prison despite his absence. The second trial also dismissed the prosecutor's appeal that the sentence was too lenient while Mr. A was absent, maintaining the same judgment.

Mr. A only became aware that the trial had taken place after the sentence was executed.

Mr. A filed a petition for restoration of the right to appeal, arguing that he was not responsible for being unaware that the trial was held.

This content was produced with the assistance of AI translation services.