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| TITLE | Supreme Court Decision 2023Do2102 Decided April 27, 2023 【Violation of the Narcotics Control Act (Psychotropic)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] The purpose of Article 254(4) of the Criminal Procedure Act requiring the facts charged to be stated clearly by specifying the time and date, place, and method of a crime and the extent to which the “time and date” of a crime should be specified Even though there are no unavoidable circumstances where the time and date, place, etc. of a crime cannot be specified within a certain time and date or to a considerable extent, where a hindrance to the exercise of the criminal defendant’s right to defense is actually caused by marking the time and date, place, etc. of a crime in an overly general way for the convenience of the institution or maintenance of a public action, whether the facts charged may be seen to be specified (negative) Where any part in which the facts charged are unspecified exists, measures that should be taken by the court [2] Meaning of “when admitting its contents” as referred to in Article 312(1) of the Criminal Procedure Act, which was amended by Act No. 16924 as of February 4, 2020, and has been enforced from January 1, 2022 Where the criminal defendant denies the facts charged, in the case of the statement of the criminal defendant seen to the effect of admitting the facts charged, of a protocol concerning interrogation of a criminal suspect, prepared by a prosecutor, whether the criminal defendant should be seen to have not admitted its contents (affirmative) | |
