The validity of an expression of intent demanding the punishment of the offender stated in the statement of the victim prepared by the investigative agency

A complaint in an offense subject to prosecution on complaint may be filed in writing as well as in writing with an expression of intent to file a criminal facts with an investigative agency and seek the punishment of the offender. A prosecutor or a judicial police officer who has received an oral complaint shall prepare a protocol, but the protocol does not need to be independent, and in case where an investigative agency examines a person who has the right to file a complaint as a witness or a victim, the statement contains an expression of intent demanding the punishment of the offender, and if the declaration of intention is recorded in the protocol,

Article 237 of the Criminal Procedure Act

Supreme Court Decision 65Do1089 Delivered on January 31, 1966

Defendant

Defendant

Attorney Kim Dong-dong

Seoul High Court Decision 84No2828 delivered on December 24, 1984

The appeal is dismissed.

The twenty days of detention days prior to the rendering of judgment shall be included in the original sentence.

The defendant and public defender's grounds of appeal are also examined.

1. A complaint in an offense subject to victim's complaint may be filed in writing and orally as well as in writing with an expression of intent to request the punishment of a criminal committed by a person having the right to file a complaint to an investigation agency. A prosecutor or a judicial police officer who has received an oral complaint shall prepare a protocol, but it does not need to be an independent protocol, and in a case where an investigation agency examines a person having the right to file a complaint as a witness or a victim, the statement contains an expression of intent to demand punishment of the criminal, and if such declaration of intent is entered in the protocol, the complaint shall be made lawfully (see Supreme Court Decision 65Do1089, Jan. 31, 1966). Examining the contents of the victim's statement prepared by the judicial police assistant in accordance with the records, the victim's statement prepared by the judicial police assistant clearly states the victim's expression of intent to demand the punishment

2. According to the trial evidence of the court of first instance cited by the court below, all facts constituting the crime in the judgment of the defendant can be recognized, and the facts cannot be found to be false due to the violation of the rules of evidence or the incomplete hearing in the process of finding evidence and fact-finding, and there is no illegality in the application of the law to the so-called "the defendant's judgment

3. Therefore, the appeal shall be dismissed, and part of the detention days prior to the judgment shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju