Main Issues

The case holding that the court below's determination that the defendant recognized criminal facts and sentenced the defendant to the punishment on the end of the examination and examination of evidence without a defense counsel even though the defendant was suspected of mental or physical disorder of the first-class brain-dead disability due to traffic accident, who was under medical treatment due to the liver or cerebral cerebral disease, due to a

Summary of Judgment

The case holding that the court below's determination that the defendant recognized criminal facts at the end of the process of examining the defendant and examining the evidence without a defense counsel and that the court below's decision was unlawful, where the defendant sentenced the defendant to a punishment against the defendant, even though the defendant was a person with a th degree brain-disease disability due to traffic accident, who is suspected of mental disorder

[Reference Provisions]

Article 33 subparag. 4 of the former Criminal Procedure Act (amended by Act No. 7965 of Jul. 19, 2006) (see current Article 33 subparag. 5)

Escopics

Defendant

Appellant. An appellant

Defendant

Prosecutor

Training Hands

Defense Counsel

Responsibilities of Attorney

Judgment of the lower court

Changwon District Court Decision 2006Gohap9 Decided April 28, 2006

Text

The judgment of the court below is reversed.

Reasons

1. The court below admitted that the defendant's statement of part of the defendant's oral statement and the statement of the police in Ansan as evidence "the defendant was judged at first degree due to a traffic accident on May 200, and now under medical treatment due to the livere Hospital's clear liverness, cerebral typhism, etc., and around November 3, 2005, the court below recognized that the defendant was guilty of the crime of violation of the Criminal Procedure Act by his defense counsel at the court below's 6th examination of evidence without any mental or physical disability since she had no defense counsel at the court below's appearance on the part of the defendant's 3th day of the defendant's oral statement and she had no mental or physical disability. The court below recognized that the defendant was guilty of the crime of violation of the Criminal Procedure Act by 106th day of the court below's decision, which affected the defendant's oral or physical disability since she did not have any mental or physical disability at the court below's 16th day of examination."