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TITLE	Supreme Court Decision 2011Do12927 Decided December 22, 2011[Attempted Murder during Commission of Marine Robbery.Attempted Murder during Commission of Robbery.Injury by Marine Robbery.Injury by Robbe [full Text]
Summary
[1] The meaning of ""current location"" under Article 4 (1) of the Criminal Procedure Act providing territorial jurisdiction and whether it includes ""current location by movement by legitimate force"" (affirmative) [2] The meaning of ""immediately"" under Article 213 (1) of the Criminal Procedure Act and where a flagrant offender in the presence of a policeman (""a flagrant offender"") is arrested by a person other than prosecutors or law enforcement officers and delivered without undue delay to prosecutor, etc., the starting point for computing 48 hours for the request of an arrest warrant (= when a flagrant offender is delivered to the prosecutor, etc.) [3] In case where Somalia pirate defendants et al. were arrested, transported, delivered to domestic investigation agency by Cheonghae Unit, and detained and charged with hijacking ""Samho Jewelry"" operated by the Republic of Korea (""ROK"") marine transportation company on the international waters near the Arabian Sea and committing a marine robbery on the ROK citizen crew, the case affirming the judgment below holding that the defendants were in domestic detainment facility by lawful arrest, immediate delivery and lawful custody at the time of charge and thus, the domestic court as current location has territorial jurisdiction [4] In case where Somalia pirate defendants conspired to hijack ""Samho Jewelry"" operated by the ROK marine transportation company on the international waters near the Arabian Sea and committed a marine robbery on the ROK citizen crew, and charged with the commission of a criminal act, the case affirming the judgment below that the defendant Gap attempted to kill captain Eul by shooting him; but other defendants who escaped for survival could not expect that the defendant Gap would shoot and attempt to kill captain Eul

TITLE

Supreme Court Decision 2011Do12927 Decided December 22, 2011[Attempted Murder during Commission of Marine Robbery.Attempted Murder during Commission of Robbery.Injury by Marine Robbery.Injury by Robbe [full Text]

Summary

[1] The meaning of ""current location"" under Article 4 (1) of the Criminal Procedure Act providing territorial jurisdiction and whether it includes ""current location by movement by legitimate force"" (affirmative) [2] The meaning of ""immediately"" under Article 213 (1) of the Criminal Procedure Act and where a flagrant offender in the presence of a policeman (""a flagrant offender"") is arrested by a person other than prosecutors or law enforcement officers and delivered without undue delay to prosecutor, etc., the starting point for computing 48 hours for the request of an arrest warrant (= when a flagrant offender is delivered to the prosecutor, etc.) [3] In case where Somalia pirate defendants et al. were arrested, transported, delivered to domestic investigation agency by Cheonghae Unit, and detained and charged with hijacking ""Samho Jewelry"" operated by the Republic of Korea (""ROK"") marine transportation company on the international waters near the Arabian Sea and committing a marine robbery on the ROK citizen crew, the case affirming the judgment below holding that the defendants were in domestic detainment facility by lawful arrest, immediate delivery and lawful custody at the time of charge and thus, the domestic court as current location has territorial jurisdiction [4] In case where Somalia pirate defendants conspired to hijack ""Samho Jewelry"" operated by the ROK marine transportation company on the international waters near the Arabian Sea and committed a marine robbery on the ROK citizen crew, and charged with the commission of a criminal act, the case affirming the judgment below that the defendant Gap attempted to kill captain Eul by shooting him; but other defendants who escaped for survival could not expect that the defendant Gap would shoot and attempt to kill captain Eul

Prev	Supreme Court Decision 2008Do11847 Decided December 22, 2011 [Violation of the Public Official Election Act]
Next	Supreme Court Decision 2009Da16766 Decided December 13, 2011 [Collection on Debt]

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