Revocation of Judicial Confession

When it has been proved that the confession under the judgment was not in conformity with the truth, when the confession is deemed due to mistake in view of the whole purport of pleading, the court shall reject the validity of the confession.

Article 261 of the Civil Procedure Act

Lee Sung-soo

Madge Madle

Daegu District Court Decision 60No579 delivered on May 2, 1961

the original judgment shall be reversed.

The case shall be remanded to the Daegu High Court.

The Defendant’s grounds of appeal are the same as being written in the appellate brief that was sent at the end of this judgment.

In a case where there is no consent of the other party, a confession within a trial may be revoked only when the confession proves that the confession was not in conformity with the truth and that the confession was due to mistake. However, in a case where it is proved that the confession was due to mistake, the court shall reject the validity of confession with the prior purport of the pleading when the confession was deemed to be due to mistake. In this case, according to the records of the court below, the defendant acknowledged the establishment of evidence No. 1 of the plaintiff submitted by the plaintiff on Nov. 18, 600, and it can not be determined as identical fingerprints under the defendant's name among evidence No. 1 of the court below which was invoked by the defendant as a benefit of denying it and cancelling the confession on Nov. 18, 600, according to the results of the appraisal of the court below which was invoked by the defendant on Nov. 1 of the court below, 600, it can be concluded that the confession was due to mistake of the defendant, and in view of the whole purport of the defendant's oral argument, it is not erroneous in the judgment.

The judge of the Supreme Court of Justice Hong Ma-won (Presiding Judge)