Admissibilityive value of protocol of trial

In regard to procedural matters such as whether the defendant was given an opportunity to make a final statement, it shall be proved only by the protocol of trial, except in extenuating circumstances.

Article 56 of the Criminal Procedure Act

Supreme Court Decision 82Do571 Decided October 25, 1983 Decision 87Mo19 Decided July 20, 1965

Defendant

Defendant

Seoul Criminal Court Decision 88No959 delivered on April 29, 1988

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

As to the Defendant’s ground of appeal

1. Reviewing the timely evidence of the judgment of the court of first instance maintained by the court below and the evidence examined by the court below, it cannot be said that there was an error of violation of the rules of evidence, such as the theory of lawsuit, in the process of recognition.

2. In a case where the prosecutor appealed, the number of days of detention prior to the judgment of the court below included in the number of days of detention is all included in the number of days of detention before the court below.

3. According to the records of the second trial of the court below, it is evident that the defendant had an opportunity to make a final statement. As to such procedural matters, it is proved only by the trial records unless there are special circumstances to the contrary, and it is not possible to prove by other data. It is nothing but there is no reason to argue.

Therefore, the appeal shall be dismissed and part of the detention days after the appeal shall be included in the calculation. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jae-sung (Presiding Justice)