The Supreme Court overturned a lower court ruling in a fraud case where the defendant was convicted in both the first and second trials without appearing in court because he never received a summons.
According to legal circles on Monday, the Supreme Court (presided by Justice Seo Gyeong-hwan) recently reversed the appellate court's decision in the case of a person identified as "A," who was indicted on fraud charges, and remanded the case to the Cheongju District Court.
The first trial was held and the sentence delivered while the defendant was absent. The court at the time invoked the "Act on Special Cases Concerning the Expedition of Litigation," which allows trials to proceed without the defendant when his or her whereabouts cannot be confirmed for more than six months. After service by public notice, the court sentenced A to one year in prison. Prosecutors then appealed on grounds of improper sentencing, but the appellate court also dismissed the appeal in the defendant's absence, effectively finalizing the first-instance ruling.
Last year, A filed a petition to restore his right to appeal to the Supreme Court, claiming he "was unaware of the trial because he never received the indictment or other court documents." The Cheongju District Court granted the petition, bringing the case before the Supreme Court. The key issue was whether the defendant's absence from trial — due to reasons beyond his control — constituted grounds for reversal ex officio.
The Supreme Court ruled in A's favor. "The first-instance and appellate rulings were made while the defendant was absent for reasons not attributable to him," the court said. "The defendant, who was unable to attend trial proceedings at either level through no fault of his own, may file for a retrial of the guilty verdict with the first-instance court under retrial provisions." The court added, "After remand, the appellate court must re-serve the copy of the indictment and other documents, conduct new procedural steps, and render a new judgment based on a fresh review."