공소장변경의 필요성판단에 관한 기준

In fact, the modification of is an indictment check the identity of the statute does notinfringe any court within the statute of the permission set forth in an indictment add factsor applicable legal⋅be withdrawn or changed. This paper is about the judgment of determining the need for modification of anindictment theories and the criteria for the judgment of determining the need formodification for studied. Having an indictment the most important test is described in anindictment statute fact itself. In this sense, the fact that the need for modification of an indictment you are looking fora change in opinion is valid. Thus, in principle, the fact that the description is different,modification of must be an indictment. However, the defense of the accused actually resultin penalties if there are concerns that should be modification of an indictment. What is thedefendant's defense would substantially disadvantage opinion is divided about. Two views,it is reasonable to take both. Just what is actually a disadvantage to the defense of the accused for a judgment asfollows: First, according to the facts and stylistic recognition of the fact that the judgmentshould be compared. Next, the defendant's defense activities in the light of the progress ofthe trial in the case of an individual should be judged individually. An indictment courtdetermines that the modification procedure is the need to modification of the configurationrequirements an indictment are the same, the constituent elements are different, suit casewhere the condition is changed.