Main Issues
Whether the denial of criminal facts constitutes the assertion of fact that denies the establishment of a crime under Article 323 (2) of the Criminal Procedure Act
Summary of Judgment
The denial of criminal facts does not constitute a factual assertion that denies the establishment of a crime under Article 323 (2) of the Criminal Procedure Act.
[Reference Provisions]
Article 323(2) of the Criminal Procedure Act
Escopics
Defendant
upper and high-ranking persons
Defendant
Judgment of the lower court
Chuncheon District Court Decision 87No299 delivered on August 20, 1987
Text
The appeal is dismissed.
Reasons
As to the Grounds of Appeal:
(1) According to the protocol of trial of the first instance court of this case, there is no reason to argue that evidentiary documents listed in the theory of lawsuit are admissible as evidence, since they are those which the defendant consented to as evidence or their authenticity is recognized by the statement of the person making the original statement.
(2) According to the evidence in the judgment of the court of first instance and the judgment of the court of first instance cited by the court below, it is sufficient to recognize the defendant's non-guilty facts of this case, and there is no reason to argue that there is no violation of the rules of evidence, such as the theory of lawsuit
(3) Although the denial of criminal facts does not constitute an assertion of the fact that the establishment of a crime under Article 323(2) of the Criminal Procedure Act is dismissed, in light of the Defendant’s grounds of appeal, it is nothing more than the Defendant’s assertion of denial of criminal facts, and there is no reason to argue that the lower court’s omission of judgment did not determine the establishment of the crime on the premise that the Defendant’s assertion was a ground for
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice)