Part  VII Summary Procedure

Article 449(Motion for a Summary Judgment)
If a defendant’s confession in the investigation process or other existing evidence is sufficient for the court of first instance to determine a defendant’s offense, a sentence may be pronounced through summary judgment without common trial procedure upon request by the prosecutor; provided that the defendant shall be questioned before sentencing if necessary.
Where a prosecutor prosecutes a case specified in the preceding paragraph with common procedure and a defendant has confessed to the offense, the court may pronounce a sentence through summary judgment without common trial procedure if appropriate.
The sentence specified in the preceding 2 paragraphs is limited to the suspension of sentence, sentence of limited imprisonment and detention which commutation to a fine may be ordered, or a fine.

Article 449-1(Summary Proceeding)
Cases under summary proceeding may be tried in the summary division of courts.

Article 450(Summary Judgment (I) – Sentence, Remission of Punishment)
A sentence by summary judgment may also impose a confiscation or other necessary measures.
The proviso of Paragraph 1 of Article 299 shall apply mutatis mutandis to the judgment in the preceding paragraph.

Article 451(Motion for Summary Judgment)
Where a prosecutor finds it appropriate to sentence the case through summary judgment, he/she may file a motion for summary judgment in writing.
Article 264 shall apply mutatis mutandis to requests specified in the preceding paragraph.
The motion mentioned in Paragraph 1 has the same effect as a prosecution.
A defendant who confesses in the investigation process may petition the prosecutor to file a motion prescribed in Paragraph 1.

Article 451-1(Specific Sentence Requested by a Prosecutor)
Where a defendant confesses in the investigation process on cases mentioned in Paragraph 1 of the preceding article, he may express his willingnes to the prosecutor the scope of sentence he would undertake, and if the prosecutor consents, records shall be made, and the defendant’s statement shall be the basis for requesting the court to pronounce a sentence or suspension of sentence.
Before a prosecutor requests a sentence or motion in the preceding paragraph, he may consult with the victim, consider relevant circumstance, and order the defendant the following items, after obtaining the victim’s consent:
1. To apologize to the victim;
2. To pay a certain amount of compensation to the victim.
Where a defendant’s confession does not contain contents specified in Paragraph 1, he may make statements to the court during the trial; the prosecutor may also request the court to pronounce a sentence or suspension of sentence based on defendant’s statements.
Under circumstances mentioned in Paragraph 1 and the preceding paragraph, the court shall pronounce a judgment within the scope of sentence or suspension of sentence requested by the prosecutor; unless one of the following circumstances applies:
1. Where a defendant’s offense is not one that may be sentenced by summary judgment pursuant to Article 449;
2. Where facts of an offense established by the court is different from which the prosecutor uses to request a sentence, or where other facts of the same offense in trial are discovered during the trial and the sentence requested by the prosecutor is obviously improper;
3. Where after trial, the court deems it proper to pronounce a judgment of not guilty, exemption from prosecution, case dismissed, or mistake in jurisdiction;
4. Where a request by the prosecutor is obviously improper or unfair.

Article 452(Trial Procedure)
Where a prosecutor requests to sentence the case through summary proceeding, if the court deems that the proviso of Paragraph 4 of Article 451-1 shall apply, the case shall be tried by common procedure.

Article 453(Summary Judgment by Court (II) – Immediate Measure)
The court shall impose immediate measures on cases sentenced by summary judgment.

Article 454(Items to be listed in a Summary Judgment)
A summary judgment shall include the following items:
1. Contents specified in Paragraph 1 of Article 51;
2. Facts of an offence and the evidence;
3. Applicable articles of laws;
4. Items listed in paragraphs of Article 309;
5. The announcement that an appeal may be filed within 10 days after the service of summary judgment; provided that this does not apply to those who may not appeal.
The written judgment mentioned in the preceding paragraph may be condensed; it may quote the prosecutor’s request for summary judgment on a sentence or the written prosecution if facts of an offense or evidence established and applicable laws are the same.

Article 455(Service of the Official Summary Judgment)
Once a clerk receives the original summary judgment, he shall promptly produce the official summary judgment for service and apply mutatis mutandis Paragraph 2 of Article 314.

Article 455-1(Appeal against a Summary Judgment)
Those who disagree with a summary judgment may appeal to the collegiate bench of the competent district court of second instance.
A sentence judgment by a request pursuant to Article 451-1 may not be appealed.
An appeal pursuant to Paragraph 1 shall apply mutatis mutandis Articles in Chapters 1 and 2 of Part III, except Article 361.
Those who disagree with a ruling under summary proceeding may file an interlocutory appeal to the collegiate bench of the competent district court of second instance.
An interlocutory appeal mentioned in the preceding paragraph shall apply mutatis mutandis articles under Part IV.