Unfair summary indictment, how do I apply for a formal trial request?

A summary indictment is a request for the court to issue a summary order by the prosecutor when a fine is appropriate rather than imprisonment or confinement, where a property penalty is imposed without a separate trial procedure.

It has the advantage of being able to conclude the case without court attendance.

However, while the case can be concluded with relatively light punishment, if you believe a guilty disposition was unfairly issued, you must go through objection procedures within 7 days from the date of receiving the summary order notice.

If you make a formal trial request, the court will notify the prosecutor of the reasons.

If the defendant's case is considered worth requesting a formal trial, you must go through trial procedures.

According to Article 457-2 (Prohibition of Aggravation of Sentence Type, etc.) of the Criminal Procedure Act, for cases where the defendant has requested a formal trial, a sentence type heavier than the summary order's sentence cannot be imposed.

Therefore, if a fine was issued under a summary order, it means that the fine could come out at a higher amount.

Rather than making a formal trial request thinking "you have nothing to lose," please weigh the practical benefits of objecting to the summary indictment through consultation with a criminal specialist attorney.