TITLE	Supreme Court Decision 2014Do8377 Decided November 13, 2014¡¼Attempted Murder¡½ [full Text]
Summary
[1] Whether, under Article 42(2) of the Act on Citizen Participation in Criminal Trials and Article 35(1) of the Rule on Citizen Participation in Criminal Trials, the presiding judge¡¯s initial explanation to jurors and alternate jurors should include charges that the prosecutor has not yet recited from the written indictment (negative in principle) [2] Whether, under Article 46(1) of the Act on Citizen Participation in Criminal Trials and Article 37(1) of the Rule on Citizen Participation in Criminal Trials, it is an unlawful measure for a presiding judge to fail to explain to the jury those matters which he/she is obligated to explain in his/her final instruction (affirmative in principle) / The standard to determine whether the presiding judge¡¯s fault of partially omitting the explanation of, or explaining inadequately, certain charges in his/her final instruction, is an error affecting the conclusion of judgment to the point of nullifying the entire litigation action which was otherwise procedurally flawless up to that point

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