Criminal Trials

The indictment states what the prosecutor intends to prove, and the basis is in the investigation record. Before the first trial date, we inspect and copy the record and check the suspect interrogation records (피의자신문조서), witness statements, seized items and forensic or appraisal results. This is also when you first see in full how your own statements during the investigation were written down.

After reviewing the record, we decide whether to consent or object to each piece of evidence the prosecutor has submitted. If you object to a written statement or interrogation record, the person who made it must appear in court as a witness, so which evidence you dispute changes the length and direction of the trial.

If you contest the charges, the focus is on admissibility and credibility of the evidence. We examine whether evidence was collected illegally, whether statements changed over time and whether they match objective materials, and prepare questions for witness examination.

If you admit the charges, the issue at trial is the sentence. In setting a sentence, the court considers the offender's age, character and conduct, environment, relationship with the victim, the motive, means and result of the crime, and circumstances after the crime (Criminal Act Article 51). If you admit only part, you must clearly separate what you admit from what you dispute so the court is not confused.

When the court imposes a sentence of up to 3 years in prison or a fine of up to KRW 5 million, it can suspend the sentence (집행유예) (Criminal Act Article 62). The closer a case is to the line between actual prison time and a suspended sentence, the more the content of sentencing materials matters. Materials that show who is writing, in what relationship and what they promise are read more closely than a large number of pages.

• A settlement agreement and a statement of no wish to punish (처벌불원서), or a criminal deposit (형사공탁) if no settlement is reached
• Records of compensation for the harm (repayment receipts, transfer records)
• A letter of apology written by you
• Petitions from family and coworkers
• Certificate of employment and documents on dependent family members
• Records of efforts to prevent reoffending, such as treatment or counseling

When the prosecutor requests a summary order (약식명령), the court sets a fine based only on the documents, without holding a trial. If you disagree with the result, you must request a formal trial (정식재판) within 7 days from the date you are notified of the summary order.

In a formal trial requested by the defendant, the court cannot impose a heavier type of punishment than the summary order, such as prison instead of a fine. However, the amount can go up within the same type of punishment (a fine), and in that case the court must state the reasons in the judgment (Criminal Procedure Act Article 457-2). We decide whether to request one after looking at whether there are grounds to dispute and new materials to submit.

The appeal period is counted from the date the judgment is pronounced, not the date you receive the written judgment. After hearing the result on the day of pronouncement, you decide whether to dispute errors of fact, errors of law or an unfair sentence, and file a notice of appeal. When you receive notice that the case record has been received, you submit the statement of grounds for appeal within 20 days.

If only the defendant appeals, the appellate court cannot impose a heavier sentence than the first instance. This principle does not apply if the prosecutor also appeals. New sentencing materials, such as a settlement or deposit, can also be submitted on appeal, so if compensation was made after the first instance, those materials become grounds for appeal.