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Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
Constitution of Gangwon
Judgment of the lower court
Seoul Central District Court Decision 2007 High Court Decision 1342 Decided May 9, 2007
Text
The judgment of the court below is reversed.
The case is remanded to the Seoul Central District Court alone.
Reasons
1. Summary of grounds for appeal;
Although the victim's self-written statement (which is the 19th page and copy of the trial record; hereinafter referred to as the "written statement of this case") submitted by the court below to the effect that the victim did not express his/her intent to revoke the defendant's complaint on behalf of the victim, but the victim recognized that the defendant did not commit the crime of this case, the court below dismissed the prosecution of this case on the ground that the victim's withdrawal of complaint in this case was revoked based on the written statement of this case. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles.
2. Determination
In order to recognize that a complaint is revoked in an offense subject to victim's complaint, it must be expressed in a clear and reliable manner (see Supreme Court Decision 83Do1431, Jul. 26, 1983; Supreme Court Decision 2003Do4934, Jun. 25, 2004; Supreme Court Decision 2003Do4934, Jun. 25, 2004). In this case, along with a copy of a statement stating that the defendant did not commit an indecent act in the front of the subway Police Station of Seoul Regional Office under the title "data submitted by the court" in the court below, the statement of this case was made by the victim under the pressure of the defendant. The statement of this case was not prepared in the sense of withdrawing the complaint against the defendant, nor was it stated in the statement of this case that the victim did not have cancelled the complaint against the defendant through the written statement of this case. Thus, the court below's determination that the victim's intent to revoke the complaint cannot be seen as being erroneous in the statement of this case.
3. Conclusion
Therefore, the judgment of the court below is reversed in accordance with Articles 364(6) and 366 of the Criminal Procedure Act and the case is remanded to the court below. It is so decided as per Disposition.
Judges or higher-ranking (Presiding Judge)