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TITLE Supreme Court Decision 2020Do7802 Decided July 25, 2024 【Violation of the Act on the Aggravated Punishment of Specific Economic Crimes (Fraud)】 [full Text]
Summary
【Main Issue and Holding】 In a case where the court of first instance, following a criminal trial where the jury participates in sentencing, i.e., a participatory trial, found the Defendant not guilty by accepting the jury’s unanimous verdict of acquittal, whether the first instance court’s judgment regarding the “selective use of evidence and finding of fact” should be given a higher degree of deference (affirmative), and the scope of additional or fresh evidentiary review that may be conducted by an appellate court regarding the first instance court’s judgment of acquittal
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