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Main Issues
The case holding that the court below did not err in finding the defendant guilty without a factual hearing or giving the defendant an opportunity to make a statement of facts, where the prosecutor omitted an examination of part of the facts charged, but the adjudicated defense counsel did not have any examination, and the presiding judge did not give the defendant an opportunity to make a statement.
Summary of Judgment
The case holding that the court below did not err in finding the defendant guilty without a factual hearing or giving the defendant an opportunity to make a statement of facts, where the prosecutor omitted an examination of part of the facts charged, but the adjudicated defense counsel did not have any examination, and the presiding judge did not give the defendant an opportunity to make a statement.
[Reference Provisions]
Articles 275(1), 286, and 287 of the Criminal Procedure Act
Escopics
A
upper and high-ranking persons
Defendant
Defense Counsel
Attorney B
Judgment of the lower court
Seoul High Court Decision 91No4742 delivered on May 28, 1992
Text
The appeal is dismissed.
Reasons
We examine the grounds of appeal.
On the first ground for appeal
Examining the record, it is clear that the first instance court or the lower court completed the examination of the Defendant and conducted the examination of the evidence, and it cannot be said that there was no fact-finding.
The issue is that the first instance court or the lower court did not have a factual examination as to paragraph (2) among the facts charged in this case. In light of the records, it is deemed that the prosecutor omitted the examination as to paragraph (2) among the facts charged over paragraph (8) in the first instance trial of the first instance court when the prosecutor examines the accused, but at this time, the defense counsel was financialized, but no examination was conducted, and the presiding judge did not give the accused an opportunity to make a statement. Thus, there is no error of law in the lower court’s finding the accused guilty without a factual examination or without giving the accused an opportunity to state facts beneficial to the accused. Accordingly
On the second ground for appeal
Upon examining the records, the fact-finding of the court below is acceptable, and there is no violation of the rules of evidence such as the theory of lawsuit. There is no reason to interpret the above.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.