Claimant

Captain Hong-ju

High Court for Armed Forces Decision 2004No87 Decided May 3, 2005

The instant claim on criminal compensation is dismissed.

1. Facts of recognition;

According to the records of this case against the claimant, the claimant was detained as a crime of destroying and damaging military supplies on October 21, 2003 and was indicted to the 3th flight flight department of air force, and was sentenced to five years of imprisonment by the above military court on February 27, 2004, but appealed to the High Court for Armed Forces. On May 3, 2005, the High Court for Armed Forces acquitted the claimant on the ground that there was no proof of crime against the claimant, and the prosecutor appealed against this, but the Supreme Court for the appeal was declared to dismiss the appeal on July 27, 2007 (2005Do3386) and confirmed that the judgment of innocence of this court became final and conclusive on the same day.

2. The claimant's assertion;

The claimant asserts that since the judgment of innocence was finally affirmed during the period of 269 days from October 21, 2003 to July 16, 2004 as the above case, the defendant should pay 30,000,000 won including the unpaid allowances and consolation money during the period of leave of absence to the claimant as criminal compensation.

3. Determination

In light of the above facts, according to Articles 28 and 1 of the Criminal Compensation Act, the claimant was not guilty in the general procedure under the Military Court Act, and the judgment became final and conclusive, and has been placed under detention as above, there is a claim for criminal compensation.

However, according to Article 3 of the Criminal Compensation Act, in a case where a claimant made a false confession for the purpose of misleading an investigation or a trial, or obtained a judgment of conviction by making other evidence of guilt, the court may dismiss the whole or part of the claim for compensation at its discretion. Thus, in a case where it is recognized that the claimant has been prosecuted, detained pending trial, or tried for conviction, the court may dismiss the whole or part of the claim for compensation at its own discretion. The claimant led to the confession of himself/herself up to the third stage of interrogation of the suspect by the Military Law Police and the Military Prosecutor's Office in the second stage of interrogation, and again denied his/her crime from the third stage of interrogation. As such, it seems that there was a specific and logical logic to the extent that the circumstance of confession stated by the claimant at the time, the motive and method of the crime revealed by the confession, etc. are not false, and therefore, it is sufficiently recognized that there was a sufficient evidence to force the judge to prove the conviction of the defendant. However, in full view of the circumstances of the appellate court's judgment, the defendant's attitude and defense.

4. Conclusion

Therefore, the claim for criminal compensation of this case is without merit, and it is dismissed and it is so decided as per Disposition.

Military Judge Man-Jung-Jak (Presiding Judge) Jin-Japon Kim Tae-su (Presiding Judge)