Deals & Cases

Criminal Defense Litigation 2018-10-10
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DR & AJU Draws a Judgment of Acquittal at the Trial on an Appeal Notwithstanding a Civil Judgment Was Rendered and Therefore, a Judgment of Being Guilty Was Sentenced at the First Criminal Trial Case

The first civil trial over this case ruled ‘as the ‘A’’s right thumbmark on the written confirmation attached to the ‘A’’s registration certificate is a duplicate, the written confirmation is deemed as a forged copy’, which was confirmed by the Supreme Court.

Meanwhile, in the above first civil trial, a judicial scrivener ‘B’ testified that he received the ‘A’’s right thumbmark on the written confirmation; however, he was later prosecuted for perjury and found guilty at the first criminal trial.

In defense of ‘B’ at the criminal trial on an appeal, DR & AJU (i) revealed the registration of the written confirmation was made through fact inquiry with a registry office and (ii) proved that it is the customary practice of judicial scriveners to have a right thumbmark on only one copy of a written confirmation and make a copy of such original, then stamp a judicial scriveners’ seal on both original and copy of written confirmation for submission to a registry office; a registry office keeps the original written confirmation with original right thumbmark and returns the copy of written confirmation together with a certificate of registration. As a result, DR & AJU drew the dismissal of the original trial’s conviction and an acquittal at the trial on an appeal.

This case is evaluated as a very unusual case in the light of the point that there are not many cases where the original trial is dismissed at a criminal trial on an appeal and a criminal trial usually respects the related final civil judgment.