If the photograph was written by the defendant that it is nothing more than the defendant's own, and consented to it as evidence, it shall be admissible.

If a photograph is written by the defendant as it is nothing more than the defendant's own, and it is admissible as evidence.

Article 318 of the Criminal Procedure Act

Defendant

Attorney Kim Young-chul

Busan District Court Decision 68No2335 delivered on May 15, 1969

The appeal is dismissed.

70 days under detention after an appeal shall be included in the original sentence.

The grounds of appeal by the defense counsel are examined,

According to the records, the defendant stated that the photograph taken up on No. 126 of the Police Bureau of Seoul Special Metropolitan City, the photographer No. 126 of the Police Bureau No. 1968, stated that the photograph of the defendant cannot be taken the form of the photograph of the defendant, and that he consented to it as evidence, and thus, it cannot be admissible as evidence. Next, it is not unlawful for the court below to recognize the admissibility of evidence in accordance with Article 316 (1) of the Criminal Procedure Act, and even after comparing the original judgment with the records, it cannot be found that there was an error of violating the rules of evidence in the process of evidence preparation and fact-finding, and all arguments are groundless.

Therefore, the appeal is dismissed without merit, and 70 days of detention after the appeal shall be included in the original sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Round (Presiding Judge) Kim Gi-gim and Hongnam Table