[감금치사][공1992.4.1.(917),1076]
Jurisdiction of Property resulting from Illegal Confinement
According to Article 281 of the Criminal Code, "any person who causes death or injury to another person by committing a crime, such as arrest or confinement, shall be sentenced to severe punishment compared to the crime of injury." Here, the crime of injury refers to the crime of bodily injury under Article 257 of the Criminal Code in the case of injury, and the crime of bodily injury under Article 259 in the case of death or injury. Thus, the crime of death or injury by confinement belongs to the jurisdiction of the collegiate division of the district court in accordance with Article 32 (1) 3 of the Court Organization Act.
Article 281 of the Criminal Act; Article 1 of the Criminal Procedure Act; Article 32(1)3 of the Court Organization Act
Defendant
Prosecutor
Daegu District Court Decision 91No1364 delivered on September 27, 1991
The lower judgment and the first instance judgment are reversed.
The case shall be transferred to the Daegu District Court Panel of resident support.
It examines the jurisdiction of the property of the crime of death by confinement.
According to Article 281 of the Criminal Code, "any person who causes death or injury to another person by committing a crime, such as arrest or confinement, shall be sentenced to severe punishment compared to the crime of injury." Here, it is interpreted that "the crime of bodily injury" refers to the crime of bodily injury under Article 257 of the Criminal Code in the case of bodily injury, and the crime of bodily injury under Article 259 in the case of death or injury. Thus, it is obvious that the defendant's case against which the crime of bodily injury or injury was charged together belongs to the jurisdiction of the collegiate division of the district court in accordance with Article 32 (1) 3 of the Court Organization Act.
Nevertheless, a single judge’s deliberation of the instant case as the first instance court is in violation of the above Court Organization Act regarding the jurisdiction of right and thus, the judgment of the court below that neglected such illegality and maintained the judgment of the first instance court cannot be exempted from being unlawful.
Therefore, applying Articles 391, 396, and 394 of the Criminal Procedure Act, both the judgment of the court below and the judgment of the court of first instance shall be reversed and the case shall be transferred to the competent court. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Yong-ju (Presiding Justice)