• Proceedings
  • Criminal procedure
  • In general
  • Procedures for Trial
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Introduction - Procedures for Trial

In cases where a prosecutor instituted an indictment against a criminal defendant, the court will conduct the trial in the following manner:

Closure of Pleadings and Pronouncement of Judgment

When the pleadings and arguments are closed, a sentence shall be pronounced on the prescheduled date. In pronouncing a judgment, the presiding judge will read the verdict and explain the gist of the reasons.

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Judgment of Guilty
If, based on the deliberations, the court determines that the criminal defendant has committed the alleged crime, the court will pronounce the criminal defendant guilty. In a judgment of guilty, depending on circumstances, an imprisonment, a suspension of execution of punishment, or a suspension of pronouncement of punishment will be imposed.
1. Imprisonment
Imprisonment means punishing with or without labor in a prison. When a criminal defendant who has been undergoing a trial without being placed under detention receives an imprisonment sentence, he/she will immediately be subject to detention and this is referred to as “Detention.”
2. Suspension of Execution of Punishment
This is a sentence where, while a sentence is imposed, the sentence will be suspended for a period of time and if the defendant does not commit any other offense during such a period, the sentence becomes no longer effective and therefore is not enforced. Where a sentence of imprisonment of 3 years or less or a fine not exceeding 5 million KRW is to be imposed and extenuating circumstances exist, the execution of the sentence may be suspended for a period of at least one year up to five years.
3. Suspension of Pronouncement of Punishment
This is where the sentencing itself is postponed for a certain period and if such period passes without any problems, the criminal defendant is considered acquitted. In other word, if a defendant is subject to imprisonment of one year or less, suspension of qualifications, or of fine, and if the defendant clearly expresses remorse and the will to live a good life (i.e., if it is clear that the defendant clearly shows repentance), a suspension of pronouncement of punishment may be given.
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Judgment of Not Guilty
If there is no evidence to prove the guilt of the criminal defendant for the indicted crime or if the charged crime does not constitute a crime, the court renders a judgment of not guilty.
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Acquittal
Acquittal is a final judgment rendered when the prima facie case for litigation is not established in cases such as where a finally binding judgment has already been rendered with regard to the same crime, amnesty has been proclaimed, the limitations period has expired, or thte applicable statues has been amended or abolished subsequent to the commission of the offense.
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Rejection of Public Prosecution
Public prosecution is rejected by judgment when formal requisite conditions, other than the condition of juristdiction, are not satisfied. The case will not undergo deliberations process due to procedural flaw and it will be closed as a decision or as a final judgment.