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TITLE | Supreme Court Decision 2009Do9344 Decided January 14, 2010 [Indecent Act by Force,Obstruction of the Performance of Official Duties,Assault,Insult] [full Text] |
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Summary | |
[1] Whether the defendant's right to cross-examination can be excluded in a case where a defendant is ordered to leave the courtroom and the judge proceeds with the examination of a witness according to Article 297 of the Criminal Procedure Act (negative) [2] Although an argument can be made that a statement of a witness in the courtroom which was made without providing a practical opportunity for the defendant to cross-examine the witness should be deemed as unlawful evidence, the defect was cured when the defendant explicitly waived his right to ask questions |
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