The second trial was judged not guilty and ordered to dismiss the appeal
Supreme Court “The reason for the judgment contradicts each other and contradicts the order
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The Supreme Court decided that the scope of the court’s decision to correct the wrongdoing of the trial should be limited. The purpose of the decision is that the contents of the trial should not be changed substantially.
The second part of the Supreme Court announced on the 11th that it had decided to destroy and return the appeal of Mr. A, who was accused of perjury. While riding a taxi with her colleague B, Mr. B assaulted the driver due to a dispute with a taxi driver, but later falsely testified that there was no physical contact in the police investigation. Since then, Mr. A has been charged with perjury and has been tried.
The first trial admitted guilty to both the false answer that Mr. A gave to the lawyer’s question and the false answer to the prosecutor’s question. The problem occurred in the second trial. The second trial court decided that Mr. A’s answer to the attorney’s question was not a false answer. However, since the decision actually changes the main facts of the trial, it was controversial whether it was possible with a correction decision to amend the trial.
The Supreme Court’s court judged that the second trial’s decision on the correction was wrong. The Supreme Court’s judge said, “Substantially altering the contents of the sentenced judgment is not permitted beyond the scope of the correction. “
/ Reporter Kyungwoon Lee [email protected]
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