Supreme Court: "Cannot Increase Sentence Without Grounds for Appeal on Sentencing Disparity"

[Asia Economy Reporter Bae Kyunghwan] The Supreme Court has ruled that if a prosecutor does not specify concrete reasons in the appeal petition when filing an appeal, a sentence heavier than the original trial cannot be imposed.

On the 18th, the Supreme Court's 2nd Division (Presiding Justice Kim Sanghwan) overturned the original guilty verdict in the appeal trial of Mr. A, who was charged with violating the Act on the Aggravated Punishment of Specific Crimes (hit-and-run injury), and remanded the case to the Suwon District Court.

Mr. A had been on trial for allegedly fleeing after colliding with another passenger car parked by the roadside while driving a passenger car near Bundang-gu, Seongnam City, in May 2019. The accident caused partial damage to the car and injuries to three people, including Mr. B, who was in the vehicle.

The first trial recognized Mr. A's charges but sentenced him to a fine of 5 million won, considering that he responded to the victims' protests who followed him and took accident handling measures.

The second trial imposed a heavier sentence of six months imprisonment with a two-year probation, increasing the sentence due to Mr. A's prior record of drunk driving punishment.

However, the Supreme Court found the appellate court's ruling to be incorrect and remanded the case for retrial. The appeal petition submitted by the Seongnam Branch of the Suwon District Prosecutors' Office only contained the phrase "unjust sentencing" without specific reasons for the appeal.

Since a judge cannot increase a sentence ex officio, the Supreme Court stated that the second trial's heavier sentence was a wrongful judgment, ruling, "Since the prosecutor's appeal against the acquittal part of the first trial was dismissed, imposing a heavier sentence on Mr. A than in the first trial is not permissible."

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