The court shall summon the accused or his agent and notify the public prosecutor, defense attorney, or assistant of the date of trial.
The court shall summon the victim or his family member and provide them with opportunities to state their opinions, unless these persons failed to be present after being legally summoned, without good reason, or has expressed their unwillingness to be present, or that the court considers it is not necessary or not appropriate to summon them.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A complainant may appoint an agent to make statements during the trial stage, unless the court deems it necessary and orders the complainant to appear before the court in person.
The appointment of an agent as specified in the preceding paragraph shall be put into effect by submitting a power of attorney to the court, to which the provisions of Article 28, Article 32, and Paragraph 1 of Article 33 shall apply mutatis mutandis. Where the agent appointed is not a qualified attorney, the agent may not inspect, transcribe or take photographs of the case files and the evidence during the trial stage.

During the trial stage the court shall take due care to protect the privacy of the victim and his/her family members.
Where the victim shall appear before the court in accordance with the provision of Paragraph 2, Article 271, the court may, upon the petition of the victim or on its own initiative, after taking into account the circumstances of the case and the physical and mental conditions of the victim, and after taking into account the opinions expressed by the parties and the defense attorney, apply appropriate isolation facilities such as screens, to prevent the victim from being seen by the accused or any attendee to the hearing.

The victim’s statutory agent, spouse, lineal blood relative, collateral blood relative within the third degree of kinship, family head, family member, physician, psychologist, counsellor, social worker or other person the victim trusts, with the consent of the victim, may be present alongside the victim during the trial.
The provision in the preceding paragraph shall not apply to the accused where the accused would otherwise be one of the persons who may be so present.

The court may order the case to undergo mediation any time before the conclusion of oral argument. Alternatively, the court may, upon petition of the accused or the victim and after taking into account the opinion expressed by the public prosecutor, the agent, the defense attorney and the assistant, refer the case to an appropriate organization, institution or association to undergo a restorative justice program.
Where the victim is without legal capacity, of limited legal capacity, or is deceased, the petition for a restorative justice program referred to in the preceding paragraph may be made by the statutory agent, lineal blood relative, or spouse of the victim.

A summons for the first trial date shall be served at least seven days prior thereto, and for the cases specified in Article 61 of the Criminal Code, such summons shall be served at least five days prior to the first trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court may summon the accused or his agent and notify the public prosecutor, defense attorney, assistant to be present in preliminary proceeding before the first trial date to arrange the following matters:
(1) The effect of the prosecution and its scope and any circumstance that might change the article of law charged with as cited by the public prosecutor;
(2) Asking the accused, agent, or defense attorney whether to plead guilty to the crime charged by the public prosecutor, and determining whether to apply summary trial procedure or summary procedure;
(3) Main issues of the case and evidence;
(4) The opinion regarding the admissibility of the evidence;
(5) Informing the parties to motion for investigation of evidence;
(6) The scope, order and methods of investigation of evidence;
(7) Ordering the presentation of exhibits or evidential documents;
(8) Other trial related matters.
If the court determines, in accordance with the provisions of this code, that the evidence referred to in Item IV of the preceding section shall not be admitted, then, the said evidence shall not be presented at the trial date.
The provision of the preceding article shall apply mutatis mutandis to preliminary proceeding.
Records shall be taken by clerk regarding the matters being arranged in the proceeding as specified in section I of this article, then the persons at the hearing shall sign his name, affix his seal, or affix his fingerprint on the space next to the last line of the contents of the records.
The court may still make arrangements with those attending the preliminary procedure if the person, referred to in section I of this article, fails to appear in the hearing, after being summoned or notified, without good reasons.
If lack of required legal formality exists in initiation of prosecution or other litigation related acts but such defect can be cured, the court shall by a ruling order that the same be cured within the period granted.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the accused admits guilty on the fact charged, in the proceeding specified in section I of the preceding article, the presiding judge may inform him of the meaning of summary trial procedure and may, after considering the opinions of the party's, agent, defense attorney, and assistant, order that the case be proceeded under the provisions of summary trial procedure by a ruling, unless the accused has committed an offense punishable with death penalty, life imprisonment, or with a minimum punishment of imprisonment for not less than three years or that the court of appeal has jurisdiction of the first instance over the case.
The court may set aside the ruling specified in the preceding section and set the case for trial on regular procedure if the court considers that the said ruling is not permitted or not appropriate.
Trial procedure shall start anew under the circumstance specified in the preceding section, unless the parties do not object to the continuing of the current proceeding.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The investigation of evidence in summary trial proceeding shall not be subject to the restrictions as specified in section I of Article 159, Article 161-2, Article 161-3, Article 163-1, and Articles 164 through 170.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Before the trial date, the court may subpoena and obtain or order the production of an exhibit.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Before the trial date, a party or defense attorney may present evidence and motion the court to take the measures specified in the preceding article.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the court foresees that a witness is unable to be present on the trial date, it may examine him before such date.
The court may order an expert examination or a translation before the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court may conduct a search, seizure, or inspection prior to the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court may request a competent public office to submit reports upon necessary matters prior to the trial date.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An associate judge may be commissioned to conduct preliminary procedure, prior to the trial date, to prepare for the trial of a case which should be tried by a panel of judges; he shall perform the duties specified in section I of Article 273, Article 274, and Articles 276 through 278.
In conducting preliminary proceeding the commission judge shall have the same authority as the court or presiding judge, except for the ruling specified in Article 121.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

On the trial dates, the judge, public prosecutor, and clerk shall be present in court.

If an accused fails to appear in court on the trial date, the trial may not proceed unless otherwise specially provided.
If a case is one in which an agent may be authorized to appear for the accused before a court, such agent may appear in place of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Restraint may not be placed on the person of an accused when he is in court, but he may be ordered to be guarded.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After an accused has appeared in court, he may not withdraw from the court except with permission of the presiding judge.
A presiding judge may take appropriate measures to order an accused to appear in court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If no defense attorney appears in the cases specified in section I of Article 31, the trial may not proceed, provided that this rule shall not apply to the pronouncement of judgment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Except for cases that require summary trial procedure, or summary procedure, or cases with offenses as described in Article 376 Paragraph 1 Subparagraph 1 and Subparagraph 2, the first instance trial shall be a collegial trial.

On the trial date, a trial shall begin by announcing the offense charged.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After the presiding judge has examined the accused in accordance with Article 94, the public prosecutor shall state the essential points of the prosecution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

After the essential points of the prosecution have been stated by the public prosecutor, the presiding judge shall inform the accused of the matters specified in Article 95.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the court considers appropriate, the court may ex officio or upon the motion of the party or defense attorney order, by a ruling, that the co-defendant's procedure of investigation of evidence or procedure of the argument be conducted separately from or consolidated together with that of the defendant.
Under the circumstance specified in the preceding section, the co-defendant's procedure of investigation of evidence or procedure of the argument shall be conducted separately from that of the defendant if it is necessary for the protection of the right of the defendant in a case a conflict of interest exists between the defendant and the co-defendant.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the court examines a co-defendant on a case that the defendant is being charged, the co-defendant shall be subject mutatis mutandis to the provision governing the examination of a witness.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Investigation of evidence shall begin after completion of proceeding specified in Article 287.
With regarding to the statement made by a person other than the accused which has been presented at the preliminary proceeding but not contested by the party, the court may choose to announce it or state the essential points, unless the court chooses otherwise if it considers necessary.
Except for the cases that apply the summary trial procedure, the presiding judge shall examine the accused regarding the facts being charged with at the end of the investigation of evidence proceeding.
The presiding judge's investigation of information regarding the sentencing shall be conducted after the examination in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Following the investigation of each evidence, the presiding judge shall ask the party's opinion thereof.
The presiding judge shall inform the accused that he may present evidence favorable to him.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Appropriate opportunities shall be given by the court to the parties, agent, defense attorney, or assistant to argue the probative value of the evidence.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The parties, agent, defense attorney, or assistant may object to the court regarding the investigation of evidence or in-court instruction by the presiding judge or commissioned judge if he disagrees with it; unless otherwise particularly provided.
The court shall make a ruling on the objection specified in the preceding section.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When the examination of evidence completes, oral arguments on the law and facts shall be made in the following sequence:
(1) The public prosecutor;
(2) The accused;
(3) The defense attorney.
After oral arguments have been made in accordance with the preceding paragraph, the court shall order the above participants to argue over the sentencing range in the same sequence. Before the arguments over the sentencing range begin, the court shall provide the complainant, the victim, or the family members thereof who are present with opportunities to state their opinions regarding the sentencing range.
Where oral arguments have been made in accordance with the preceding two paragraphs, additional arguments may be made. The presiding judge may also order further oral arguments.

The presiding judge shall, before announcing that the argument is concluded, ask the accused whether he has a final statement.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The court may, if it is necessary after the argument is concluded, order further argument.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The judges in attendance on the trial dates shall participate throughout the trial. Where there is a change in the participating judges, the proceedings shall begin anew. Where there is a change in the judges who participated the preliminary proceedings prior to the trial date, the proceedings do not need to begin anew.

If a trial cannot be concluded in one session, it shall, except under special circumstances, be continued by successive daily hearings; if for any reason fifteen days intervene between hearings, the proceedings shall being anew.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused is insane, the trial shall be suspended until he recovers.
If an accused is unable to attend court because of sickness, the trial shall be suspended until he is able to appear in court.
In the case of the accused specified in one of the preceding two sections, if circumstances appear to warrant the pronouncement of a judgment of "Not Guilty" or of "Remission of Punishment," such judgment may be given without waiting for the appearance of the accused in court.
The provisions of the preceding three sections shall not apply to a case in which an agent may be authorized to appear for the accused before a court and such agent has been authorized.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the determination of one offense depends upon a determination of another offense and such other offense has already been charged, the trial may be suspended until judgment in the other offense becomes final.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused has committed another offense for which prosecution has already been initiated and for which a severe sentence shall be given, and if the court considers that punishment for the current offense will not seriously influence such sentence, trial of the current offense may be suspended until judgment in the other offense becomes final.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the question of the commission of an offense, or remission of punishment depends on a determination under civil law, and if the civil action has already been initiated, the criminal trial may be suspended until the civil proceedings have been concluded.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Upon extinction of the causes for suspension of a trial specified in sections I and II of Article 294 and Articles 295 to 297, the court shall continue the trial, and a party may also motion the court to continue the trial.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an offense committed by an accused is proved, judgment imposing a sentence shall be pronounced, provided that if punishment is to be remitted, a judgment remitting the punishment shall be pronounced.
Prior to a judgment remitting punishment specified in the preceding section pursuant to Article 61 of the Criminal Code, the court may, in consideration of the circumstances and by consent of the complainant or private prosecutor, also order the accused to do the following:
To apologize to the victim;
To make a written statement of repentance;
To pay to the victim an appropriate sum as consolation.
The matters specified in the preceding section shall be noted in the written judgment.
The matter specified in Item III of section II may also constitute a ground for civil compulsory execution.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In the judgment specified in the preceding Article, if the facts warrant, the charge brought by the public prosecutor may be changed to an appropriate article of the law.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If it cannot be proved that an accused has committed an offense or if his act is not punishable, a judgment of "Not Guilty" shall be pronounced.
If a person is excused from punishment because he has not reached the fourteenth year of his age or because of insanity and if it is considered necessary to pronounce a measure for rehabilitation, such measure and its duration shall also be pronounced.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Judgment of "Exempt from Prosecution" shall be pronounced if one of the following circumstances exists:
A final judgment has already been given;
The period of statute of limitation is completed;
There is already been an amnesty;
A law enacted after the commission of an offense abolishes the punishment.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Judgment of "Case Not Entertained" shall be pronounced if one of the following circumstances exists:
(1) Prosecution has been initiated contrary to the rules of procedure;
(2) Prosecution has again been initiated for a case in which public or private prosecution has already been initiated in the same court;
(3) In a prosecution which may be initiated only upon complaint or request, a complaint or request to prosecute has not been made or has been withdrawn or the period within which such complaint or request may be made has expired;
(4) A prosecution has been initiated contrary to the provisions of Article 260 after a ruling not to prosecute has been given, the prosecution has been withdrawn, or deferred prosecution has not been set aside;
(5) The accused is dead; or the entity being accused does not exist anymore;
(6) The court has no judicial power over the accused;
(7) According to the provisions of Article 8, the court cannot try the case.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the court has no jurisdiction over the case, a judgment of "Mistake in Jurisdiction" shall be pronounced and an order issued to transfer the case to a court having jurisdiction.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused refuses to make a statement, judgment may be given without waiting for his statement; the same rule shall apply if an accused leaves the court without permission.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a court considers that it should impose detention or a fine or pronounce a judgment of "Remission of Punishment" or "Not Guilty," and if an accused, without good reason, fails to appear in court after having been legally summoned, judgment may be given without waiting for his statement.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The judgment specified in section IV of Article 161 and Articles 302 through 304 may be given without oral argument.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A written judgment shall separately set forth a syllabus of the decision and reasons; a written judgment of "Guilty" shall set forth the facts.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

In a written guilty ruling, the crimes committed should be clearly stated in the main text, and the following items should be specified separately in accordance with the case scenario:
1. The pronouncement of the principal criminal sanction, additional criminal sanction, exemption of criminal sanction, or confiscation.
2. The pronouncement of a fixed-term imprisonment or short-term detention, and the conversion standards, if the imprisonment is convertible to a fine.
3. The pronouncement of a fine, and the conversion standards, if the fine is convertible to a labor service.
4. The pronouncement of penalty conversion to a reprimand, and its content.
5. The pronouncement of a probation and its duration.
6. The pronouncement of a rehabilitative measure, its measure and duration.

In a written guilty ruling, the following items should be specified separately in the reason section in accordance with the case scenario:
1. The evidence on which the facts of the crime are determined and the reasons for their determination.
2. The evidence which is favorable to the defendant is not admitted into the trial, and the reason.
3. When deciding on criminal sanctions, the consideration taken while weighing in the conditions stated in provisions of Article 57 or Article 58 of the Criminal Code.
4. Reasons for aggravating, mitigating or exempting criminal sanctions.
5. Reasons for converting the criminal sanction to a reprimand or probation.
6. Reasons for pronouncing a confiscation penalty or rehabilitative measure.
7. The applicable law.

In a case of a judgment of "Guilty" which is pronounced to be subject to a sentence of not more than six months imprisonment or detention commutable to a fine, a fine, or a remission of punishment, the written judgment may only contain the syllabus of the decision, the facts and evidence of the offense accompanied by reasons for such conclusion thereof, and articles of the law applicable.
For the judgment specified in the preceding section, the court may cite the facts of the offense set forth in the indictment if such facts are the same as those established by the court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Except when confiscation is pronounced in a guilty ruling, a written judgment that contains a confiscation pronouncement should include the main text of the judgment and the facts and reasons that constitute the case for confiscation. The evidence on which the facts established in the fact-finding process are based, reasons for such determination, reasons why evidence favorable to the defendant is not admitted into the trial, and the applicable law shall be specified separately in the reason section, depending on the circumstances of the case.

The judgment shall be announced within two weeks upon the conclusion of the oral arguments in cases heard by a single judge; within three weeks in cases heard by a panel of judges, except for complicated cases or cases involving special circumstances.

Judgment shall be pronounced notwithstanding that an accused is not in court.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A judgment is not required to be pronounced by a judge who has participated in the trial of the case.

When a judgment from which an appeal is allowed is pronounced, such pronouncement shall include the duration of the period within which the appeal may be made and the court to which the appeal petition should be submitted; a true copy of the judgment sent to the accused shall contain the same information.
A true copy of the judgment specified in the preceding section shall also be sent to the complainant and informer; such complainant may within the period for appeal state his opinion to the public prosecutor.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an offense specified in one of the chapters of the Criminal Code entitled "Offenses of Perjury and Malicious Accusation" or "Offenses of Libel and against Credit" is committed, and if the victim or other person with a right to file the complaint makes application, an order may be issued to require the whole or a part of the written judgment to be published in a newspaper at the expense of the accused.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If an accused is under detention, such detention is considered to be cancelled on the pronouncement of a judgment of "Not Guilty," "Exempt from Prosecution," "Punishment Remitted," "Suspension of Sentence," "Fine," "Sentence Commuted to Warning," or "Case Not Entertained" as specified in Items 3 or 4 of Article 303, provided that during the period allowed for appeal or while an appeal is pending the accused may be released on bail, to the custody of another, or with a limitation on his residence; if he is unable to provide bail or if it is impossible for him to be released to the custody of another or with a limitation on his residence, an order may be issued requiring him to remain under detention if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The seized property which has not been ordered to be confiscated shall be immediately returned, provided that during the period allowed for appeal or while an appeal is pending, the seizure may remain in force if necessary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The seized stolen property which should be returned to the victim in accordance with section I of Article 142 shall be returned immediately without waiting for his application.
A ruling for the return of property temporarily returned in accordance with section II of Article 142 shall be considered as already having been made unless there is a pronouncement to the contrary.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.