국민참여 형사재판과 검사의 항소 제한

Abstract

Under the participatory criminal justice system, unlike Anglo-American jury trial, a trial can be held as a bench trial in court of appeals. Consequentially, whether "guilty" or "not guilty" can be turned on prosecutor's appeal. Among 321 cases undertaken last 3years in Korea, it is only 43 cases which were not appealed. Among the appealed cases, prosecutor's appeal cases count for 53.6% which is very high. And 56.3% of these cases were concluded same as charge. The prosecutor's high appeal rate has dropped the people's trust about the participatory criminal justice system If the fact-finding judged by general common sense of the majority of people were to annul in appellate court easily, it could be against the purpose of the participatory criminal justice system. In the light of these facts, in the final model stage of the participatory criminal justice system, the appeal system shall be fundamentally reexamined. For this reason, prosecutor's appeal should be forbidden at least in fact-finding. After 2012, we shall study of the appeals court system in the participatory criminal justice system. Because it is relate to improvement of the Instanzengliederung der Gerichte system like increasement of judges, reinforcement of inferior court etc. On this point, we shall reengineer the character of appeals court. And with the legislative improvement ahead, men of affairs, especially the prosecutors, should set an example with refraining from appeal against a verdict.