공소사실의 동일성에 대한 판단기준

This paper serves as a limit modification of an indictment to allow you to changethe identity of the criminal facts subject to judgment a particular theory about thecase law discussed. Modification of an indictment the defendants and the publicprosecutors to change the limit on the relative sense. Thus, when changing modification of an indictment should have certain standards. Based on the fact that the unity and identity of the criminal facts subject to judgment. The criminal facts subject to judgment about the relationship between identity andunity has many claims. The unity of the criminal facts subject to judgment conceptthat includes the identify of the criminal facts subject to judgment and the identityof the criminal facts subject to judgment in the narrow sense is right to look at. Thus, the problem of the criterion for the identify of the criminal facts subjectto judgment to the identity of the criminal facts subject to judgment in the narrowsense is set to determine whether what is the criteria. However, because there areno specific standards for such a theory has a complicated conflict. Several theoriesof social judgment by the general public to experience the life of The same basicfacts theory is valid. The relationship in Korea and Japan, the Supreme Court of the Supreme Courtis taking incompatibility should be judged according to the relationship. In other words,the same or a place to temporarily close the crime, whether the victim or the crimeand whether the same target product can not be compatible with each other if therelationship should be based on the judgment. However, in determining whether theidentity of the criminal facts subject to judgment comes as standard, but the basicfacts of factors should be considered normative.