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Main Issues
When Amendments to Bill of Indictment are possible;
Summary of Judgment
The modification of the indictment pursuant to Article 298(1) of the Criminal Procedure Act shall be permitted to the extent that it does not harm the identity of the facts charged only before the court completes the trial, and it is not necessarily necessary to permit the modification of the indictment by resumption of the trial on the ground that the court has filed an application for modification of the indictment after lawfully closing the trial.
[Reference Provisions]
Article 298 of the Criminal Procedure Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Gwangju High Court Decision 84No497 delivered on July 11, 1986
Text
The appeal is dismissed.
Reasons
The prosecutor's grounds of appeal are examined.
The modification of the indictment under Article 298 (1) of the Criminal Procedure Act shall be permitted to the extent that it does not harm the identity of the facts charged only before the court closes the trial, and it shall not be permitted to resume the trial after the court has lawfully closed the trial and the prosecutor has filed an application for the modification of the indictment. In this case, it is obvious that the prosecutor submitted an application for the modification of the indictment after being notified by the date the appellate trial is closed and the judgment of the court has become final and conclusive. Thus, the court below rejected an application for the modification of the indictment by the prosecutor, and there is no error of law by misunderstanding the legal principles as to the modification of the indictment. Thus, the argument is groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yoon Yoon-tae (Presiding Justice)
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