logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.10.15 2019도12170
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the fraud of the facts charged in the instant case

A. The principle of an indictment only shall, in principle, be submitted when a prosecutor institutes a public prosecution, and it shall not be accompanied by documents or other things that may cause prejudice to the court on the case, or cited the contents thereof.

(2) Article 118(2) of the Rules of Criminal Procedure provides that the indictment may not contain any facts other than those required by laws and subordinate statutes, which may cause prejudice to the court (see, e.g., Supreme Court Decision 93Do3145, Mar. 11, 1994). The issue of violation of the principle of an indictment only shall be specifically determined in the relevant case on the basis of whether the facts stated in the indictment, other than those required by Acts and subordinate statutes, may hinder the judge or jury from understanding the substance of the criminal facts, by making the judge or jury a connotation.

(See Supreme Court en banc Decision 2009Do7436 Decided October 22, 2009). In a case where an indictment is deemed to have been instituted in violation of the principle of an indictment only in light of the above standards, it is the principle that a judgment dismissing a public prosecution is to be pronounced on the ground that the procedure constitutes an invalid one in violation of

(Article 327 Subparag. 2 of the Criminal Procedure Act: Provided, That in cases where no objection has been raised against the defendant as to the method of the written indictment, and the court is deemed not to impede the understanding of the substance of the crime, and the procedure of the examination of evidence is completed and the trial is completed and it reaches the stage of the formation of a judge's conviction, the dynamic stability of the litigation procedure.

arrow