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CGV ARTHOUSE presents
A BANZAKBANZAK FILM production
The peopleās participation in criminal trials began with the introduction of a jury system in 2008.
This film is based on the first trial with a jury in Korea.
Will the trial be canceled?
2008 SEOUL CENTRAL DISTRICT COURT
-Good morning. -Is everything ready?
-Heās here! -Letās go!
Your comments on the first trial with a jury, please?
There are concerns about the jury system.
Will the juryās decision be accepted, Your Honor?
Please, itās not me.
A word, please?
Should the general public adjudicate?
Why you... Everyoneās watching.
Couldnāt you dress up for a day like this?
Anyway,
talk to the reporters after the jury selection, okay?
Say itās an honor to be in court with the people.
Something like that.
Howās the case? Looked over it?
I donāt see much contention.
Thatās good.
But you never know, sir.
What do you mean?
This is a great opportunity.
If it wasnāt for the draw, you wouldnāt have gotten this.
Why you...
You have to get promoted to High Court this time.
Or younger folks will come up and youāll be left in the dust.
So do a good job no matter what, okay?
Supreme Court Chief Justice, sir?
This is Chief Kim. Sheāll head the jury trial.
Kim Jun-kyeom, sir.
General public taking part in trials...
What a headache for the judiciary.
Yes, sir.
But Chief Kim has dealt with homicide cases for 18 years, sir.
Sheās strong and resolute like a man.
I expect a positive picture.
JURY SELECTION COMPLETE
Those who werenāt selected, please take the $50 pay.
Why werenāt you selected?
Selecting jurors is hard.
Iām tired already.
Do I look like the chief presiding judge?
Donāt leave out anything.
Our chief is crazy.
Right. A workaholic...
She memorizes everything?
Non-pre-law majors work extra hard.
Come in.
Juror 8 was planted by Central Daily for an exclusive.
We removed him.
- One juror is gone? - Yes.
7 jurors are enough for a quorum.
It wonāt affect the trial.
Call the candidates who were absent.
Letās fill all 8 jurors.
You have an hour.
Yes, chief!
Debtor Rehabilitation Application
Stop applying. How about filing for bankruptcy?
I donāt want to.
If I do, Iāll have to drop my product.
I just got it patented.
I canāt give up now and lose everything.
Youāll be rejected again anyway if you apply.
Please stop coming and interfering with my work.
This is the most important thing in my life, sir.
Could you please take a closer look at my business plan?
This is my newly patented self-defence tool.
Please?
Who carries this around these days?
Itās needed now more than ever! This is special!
See?
This green button projects capsaicin!
And this one?
If an attacker covers your mouth, this will call for help!
I see.
I recorded the cry for help. Wanna hear it?
Why isnāt it working?
Loose wires?
What about the spray?
Donāt spray that at me!
It doesnāt work either?
Donāt point it at me!
Fine. Iāll apply for you. Put that down, please.
-Really? -Yes.
Thank you!
Excuse me.
Hello?
Itās Seoul Central District Court. Is this Mr. Kwon Nam-woo?
You were selected as a candidate but didnāt come or submit a notice.
Thatās a $2000 fine.
Pardon?
I didnāt know our country even had jurors!
We sent you a notice.
Iāve been getting a lot of overdue notices...
Weāll ask some questions for jury selection.
If the chance of a defendantās guilt Is 50 - 50,
then is the defendant guilty or not?
50-50?
Guilty?
Next question.
Wait! Let me think.
Thatās not right...
Iāll ask a question.
Release ten criminals if you must, but donāt sentence 1 man unjustly.
Do you agree or disagree?
Canāt you decide?
Mr. Kwon Nam-woo? Why do you think we need the law?
To punish criminals?
The law does not exist to punish people.
Would it be right to punish people without any standard?
They could be wrongfully charged.
To avoid punishing people unjustly and to set a standard,
thatās the law.
Next candidate?
Heāll come in an hour.
The defendant has acknowledged all of his crimes.
So itāll be more of a sentencing trial.
So itās decided that heās guilty?
So all you need to decide on is how many years to sentence him.
ā2008, The First Civic Participation Trial Juryā
Please stand closer together!
This way. Look at the camera, please.
Juror 1? This way, please.
Good call.
It wouldnāt look good having an empty spot from the start.
Nice picture.
Letās do this right, so you can go to the High Court.
And Iāll go to the Supreme Court.
Ready? Everyone smile!
One, two, three!
Today marks the first time the public has participated as jurors in a trial.
Itās a historical day
where citizens, as jurors, will judge the defendant.
As we begin this historical trial,
there is much anticipation in the citizensā participation.
There is also concern that the trial may be non-professional.
However, the court believes the jury will judge based on facts and evidence.
We hope to make proper judgments by communicating with the people.
Weāll abide by the law and by principles.
Itās starting!
Jurors! Enter!
Calling Case 2008-372.
The trial of Kang Du-sik, charged with homicide, will commence.
TRIAL COMMENCEMENT AT 11:08 a.m.
Around 2 a.m. on July 29th, 2008,
at his home in unit 902 Dong-hwa Apartment, Joong-gu Seoul,
defendant Kang Du-sik fought with his mother, Cho Bok-lae, over money.
He lost his temper and planned to murder his mother.
He struck her with a blunt instrument around 4 a.m.
Then he dropped her from the balcony to make it look like an accident.
No surveillance cams!
He canāt be far!
Found him!
Why you!
Hold him!
He mustāve fallen down the stairs while running away.
He woke up 3 days later after brain hemorrhage surgery.
WITNESS: DETECTIVE JUNG YONG-DEOK
He eventually confessed.
She always nagged about money...
So you got mad and pushed her off the balcony?
Was it really an accident?
Huh?
Youāre not lying, right?
The defendant got severe burns on his face and arms at age five.
Because she had to leave her young son alone to go and work,
she locked the door from the outside, so he couldnāt escape the fire sooner.
Out of resentment and struggling with money, he violated moral laws.
However, he confessed his sins and is repentant.
Honorable judges and members of the jury,
though his crime may be deplorable,
please note it was an accidental death during a heated argument.
May I interrupt?
The victim was 157cm tall, correct?
And the railing was 120cm high?
That means it came up to her chest.
Isnāt it too high for her to be simply pushed and fall?
Is it really possible for this to be accidental?
Ah... well...
Prosecution?
She was hanging still as if she was already dead.
When he let go, she dropped still like a mannequin.
APARTMENT SECURITY GUARD
The defendant killed her with a hammer.
Then he ran to get his prosthetic gloves that fell off.
He used the stairs to avoid CCTV cameras.
He even called 911 to report it as an accident.
911 emergency.
Hello? How may I help you?
Someone fell...
Really, sir?
Where is that?
Sir? The location, please?
Why did the defendant plan the murder?
Look!
See this?
Stop!
Look!
SERVICE CENTER, DAY OF ACCDIENT
See the back support? She threw out her back!
She canāt work!
Letās just go.
Mom!
Letās go!
Please fill out these forms separately.
Then you can receive basic living subsidy.
STATEMENT OF FAMILY DISOWNMENT
Letās go.
No!
Du-shik!
Letās go!
-Should I fill it out for you? -Letās just go!
What the!
SERVICE CENTER EMPLOYEE
If any member of the family works,
they canāt get basic living subsidy?
Yes. Thatās the law.
I explained that to him several times.
But his mother washed dishes at a restaurant.
When she couldnāt work for months, he came in drunk and yelled.
He came to apply for subsidy because his mother couldnāt work?
Yes.
But a temporary injury doesnāt suffice.
It has to be a severe disability.
Thatās the law, but he took it out on me.
As the defendant couldnāt work,
he urgently needed the $700 subsidy rather than his motherās unstable pay.
This is the family disownment form found at the scene.
The parent and the dependent must both declare disownment.
Both are needed to show an agreement has been made.
Only one, written by the defendant, was found at the scene.
He demanded that his mother write the form, too.
But when she refused, he killed her mercilessly.
Read it, please?
Pardon?
Me?
āIāll cut ties with my mother.ā
āMy life is ruined because of her.ā
āItās her fault Iām covered in burns.ā
āItās her fault I couldnāt get jobs.ā
āItās all because of my terrible mother.ā
You said to write it!
You fools said to write it!
Quiet, please!
Defendant.
Do you wish to speak further?
Please be seated.
Sit down, please.
I... donāt remember...
I donāt remember.
Sit down, please.
I said I donāt remember!
I donāt remember!
I donāt remember anything!
Defendant!
I donāt know!
Calm down!
Court will adjourn.
-Let go! -Calm down!
-Whatās with you? -Calm down!
It just so happens he canāt recall the night she died.
He refused the lie detector.
He confessed! Why change things all of a sudden?
Letās wrap it up and do the trial next time.
But Kang wants the trial and denies all the charges.
Ow!
So we must debate if heās guilty or not?
What in the world?
The reporters are coming. Letās go to the meeting room.
The evidence is clear. Whatās there to worry about?
There is.
The jury.
-Youāre a law school student? -Yes.
So what happens now?
But Iām in my first year...
You look old to be in your first year.
-Be quiet. -What happened?
What do you think will happen?
If the defendant claims he canāt remember...
Then we judge if heās guilty or not.
Ow... My stomach.
Why? He killed his mother.
Heās lying that he doesnāt remember.
He confessed. Why change now? How can we believe him?
This is worse than kidsā cafeteria food.
What do you expect? We get $100 a day here.
So Iām not working hard.
No.
Maybe he really canāt remember.
When my husband had a stroke,
he only lost memory of the day he fell.
Juror 8? What do you think?
Me?
Ah... I have no idea.
Why is this here?
Excuse me?
Iām so sorry.
May I go to the Civil Appeals Department?
I just have to submit this.
Outside contact is forbidden.
-Then may I make... -Thatās better!
May I make a phone...
Just one phone call, please?
Did you see the judge when the defendant acted up?
She didnāt even blink.
I didnāt do anything wrong, but she scared me.
I guess not everyone can be a judge, huh?
Why canāt my daughter want to be a judge?
Not a K-pop idol...
Not all judges are the same.
Without connections and patrons, sheās just another civil servant.
The chief judge is like that.
Who are you? How do you know that?
Sorry. Excuse me.
Itās good to know, isnāt it?
Sheās our boss today.
Still, it must be nice to be a judge.
Itās a government job. Weāll be done before 6 p.m., right?
It could be 6 p.m. today or tomorrow.
Who knows?
What?
Juror 5?
Yes!
Yes, sir. Itās me, sir.
-Wait! -He made arrangements from before.
Heās the chief secretary of Samjin Group.
But...
-Thatās why he seemed so smart. -Iāve been selected as a juror, sir.
Itās like reserve duty training.
I apologize, sir.
You arrive at 11 p.m., sir.
Iāll be sure to meet you at the airport.
Wanna run away?
Pardon?
Shaking your legs means you want to leave.
Go if you have to.
They let us go to the bathroom.
If heās denying it after everything,
it means he hopes to get to to the jury, no?
The defendant is denying the charges...
Weāll have to accept it.
So I have to argue that heās not guilty now?
All of a sudden?
Heās aware that he could be sentenced longer than a plead for mercy?
The defendant is not the problem! Think of the jury!
Theyāre common citizens with no knowledge of the law.
Let them judge if heās guilty or not?
Thatās like giving scalpels to visitors and letting them perform surgeries!
If the jury makes the wrong decision,
the picture is ruined!
Can you handle that?
This isnāt just about our court. The judiciaryās honor is on the line.
Letās cancel and do it next time.
Agreed?
From juvenile detention to five accounts of violence,
and lots of trial experience?
Letās keep going.
Letās proceed to see if heās guilty or not.
But...
Letās eat quickly and work!
Heās missing!
āCivil Appeals Departmentā.
But I went that way.
What?
Damn! Where is it?
Excuse me!
Civil Appeals Department...
Where is it?
Ordinary people canāt be here.
Iām ordinary...
Only judges use this path.
The public and judges have different paths.
Donāt look.
Judges get scared if strangers look at them.
Why?
They think they came for revenge.
Damn judges.
Letās go.
Itās a maze in here.
A maze is a way, too.
Thatās weird.
Wait. Itās locked.
Stay right here.
Pardon?
Donāt move. Stay here. Iāll be back.
But...
A man in his late 20s. Heās average looking.
-His hair is average length. -My stomach!
Heās pretty tall.
Do you have his picture?
No..?
He didnāt go to the bathroom. He ran away.
Some nerve...
He must have a screw loose.
Or else, why would he escape here?
Now, we have to always move in a set.
A set? What are we a dish?
Quiet please.
-This is like prison. -I heard that.
Itās coming out!
Wait out here, please.
Do it with the door closed.
Where is that guy?!
Call me when the trial date is set.
Excuse me.
The card...
I mean... Civil App...
Stay back, please!
Stay back!
Security! Intruder!
Whereād it go?
Well...
They said not to meet outsiders, but I guess youāre not...
Hello.
Could you pass me that?
Help! Somebody help me!
Thank you.
-What if I did it... -Pardon?
Do you know him?
No.
I heard he killed his mother.
I see.
But he said he didnāt do it.
Who knows?
There could be more to the story.
A trial isnāt over till itās over.
What?
How did this...
Maāam?
CIVIL APPEALS DEPARTMENT
We wonāt tolerate actions that undermine the trialās impartiality.
Youāll all be jointly responsible for all incidents that arise here.
Is that clear?
If you do that again, Iāll...
He says he went to the bathroom and got lost!
Itās only right to welcome back the lost, you know?
Why you!
Yes.
This judge mustāve scared you.
As you know, the defendant denies the crime now.
Now, it will be a trial to determine if heās guilty or not.
Wait a minute. Then will the trial take longer?
Weāll know as we go.
Members of the jury,
please remember to presume innocence
and donāt conclude the defendant is guilty till the end.
Juror 8?
Do you understand?
Yes.
The victimās time of death is estimated to be 4 a.m. on July 29th.
FORENSIC PATHOLOGIST
An autopsy conducted on July 31st
showed fractures in the head and cervical vertebrae.
It doesnāt look like death from a simple fall.
In examining deaths from falls,
we check for possibility of being thrown down post mortem.
We only found vital reactions on the posterior head.
The size of the depression and wound indicates she was hit with a hammer.
This wound is the direct cause of the victimās death.
A juror may not speak in court.
Write your comments or questions and hand them to us, please.
Forensic doctor is wrong.
The jury may find it difficult to understand.
To summarize your testimony,
you mean the victim fell from the balcony after death?
Yes. I believe so.
Thatās not a hit from a hammer!
Juror 6? Please be quiet and be seated.
The cut may look similar to that of a hammer.
But if a person dies from a blade cut,
there should be what we call scattered blood.
Blood wouldāve gushed up and out.
But there wasnāt much blood in the pictures before.
You worked as an embalmer for 30 years?
People may look down on me for washing corpses,
but Iām better than autopsy doctors, and cops ask me all the time.
Do you have a forensics degree or doctorās licence?
Well, no...
Delete Juror 6ās comments from the record.
If you speak, youāll be removed from court. Please be seated.
Witness?
Is it possible that the wound is not from a hammer?
Itās highly unlikely.
Look closely! Thatās not a hammer wound!
Juror 6!
Your personal opinion hinders the trialās impartiality.
Please leave the court. Security?
Damn it.
Come out, sir.
What in the world?
Move over!
Why canāt I say what I think?
Letās go.
Let go of me!
Then why bother selecting a jury!
Let go! I donāt believe this!
If Iām wrong, Iāll stick my fingers in dung!
Can you swing a hammer without fingers?
What do you mean?
Well...
Do you wish to speak?
Can the defendant swing a hammer? Could we test and see?
Did you check if the defendant can swing a hammer or not?
No.
He confessed to murder. Do we have to?
I know how you investigate.
But itās the first trial with a jury.
You shouldāve paid more attention to details.
Must I test this now?
Why not?
Iām suddenly arguing heās not guilty.
What test? Why bring things up!
I vote against it.
He doesnāt have fingers.
If he can swing a hammer then heās the killer. If not...
He doesnāt have fingers?
No fingers?
Why doesnāt he have fingers?
Howād you know that heās missing fingers?
Well...
He has severe burns and heās wearing gloves.
Doesnāt that raise red flags?
Letās just test and see.
He canāt hold a hammer if he has no fingers.
He had prosthetic gloves.
Can you swing wearing prosthetic gloves?
He filled out a form. Why canāt he swing a hammer?
Swinging and writing are different.
So letās test and see.
Wait.
If he canāt swing, then heās innocent?
Right.
How do we know if he canāt swing or if he wonāt?
Let the chief judge decide.
What?
Sheās the judge!
Jury votes 4:3 in favor of the test.
Very well.
As the jury requests,
weāll test if the defendant can swing a hammer or not.
Quiet, please!
Please remove the gloves and put on the prosthetic gloves.
Quiet, please!
Please grab the hammer?
Defendant?
Swing the hammer down.
Defendant? Try to swing the hammer down.
You canāt do it or you wonāt?
Move!
Step aside!
Are you all right?
Hurry!
Will the trial be canceled?
What happens to the jury?
JURY ROOM
Oh no! Will the judge be all right?
Why bring up the test!
What if we get arrested for that?
What? No way.
Damn joint responsibility!
Why test it? If it smells like shit, itās shit!
There! Ask him.
The presiding judge appeared to be bleeding badly.
Even the Chief Justice went with her to the hospital.
PRESIDING JUDGE INJURED FATE OF FIRST TRIAL BY JURY UNCERTAIN
Our sources say that judge Kim has been treated and is stable.
Theyāll soon decide whether to resume the trial.
How embarrassing!
All this because of one juror!
Forget it.
Chief Kim.
Letās stop the circus and adjourn for today.
Did you hear me or not?
Cancel it.
Itās me.
What?
Iām the presiding judge.
Dr. Jeong? Make sure it doesnāt leave a scar.
Yes, sir.
Fine.
Some question the courtās ability to preside a public trial by jury.
Have a seat.
Are you all right?
I see that youāre quite particular.
Thanks to your test idea, it proved he can swing.
But... Iām still curious...
If he swings the hammer, itās acknowledging that he did it.
If it was me, I wouldnāt have swung it.
He lost it as he swung it. Maybe it means he canāt swing....
Rulings are made based on evidence.
Itās a fact that the suspect can swing a hammer.
Mr. Kwon?
Today is a historic day of citizens judging in a trial.
The results of this trial could rewrite Koreaās judicial history.
But thereās growing protest to stop the trial at once.
Should we end it here?
I drank with my sister that night and told him to wise up.
DEFENDANTāS UNCLE
I said stop idling at home and do something!
Then he lost his mind and attacked me.
Iām lucky my sister stopped him.
He almost killed me, too!
I slept over at a friendās house because grandmaās brother was coming.
DEFENDANTāS DAUGHTER, KANG SO-RA
Did you notice anything different between your father and grandmother?
He said your father and grandmother fought often.
What does he know?
He hardly ever comes. What would he know?
People say they fight.
But theyāre not really fighting!
Itās because dad hates that grandma has to work so hard.
My dad didnāt kill her.
Can you say that before your grandmother who passed away?
Why the fuck not!
Moreover, the victim is his own mother.
Severe punishment is warranted.
PROSECUTION SEEKS DEATH PENALTY
Itās not the defendant but poverty that destroyed this family.
Please take it into consideration.
The controversial first trial with a jury has ended after 8 hours.
There is growing interest in how the juryās verdict
will affect the final decision of the judges.
HAN Yeon-hee. YTN news.
Guilty.
DELIBERATION
Guilty.
Guilty.
Guilty.
Itās unanimous!
Now, letās vote if it was planned or accidental.
Wait. There are only 6.
Ah...
Juror 8?
Yes?
You vote guilty?
Or not guilty?
Iām not sure.
Itās either guilty or not guilty. What donāt you get?
Whatās with you?
Motive, witness, and forensic evidence are all there.
Thereās no new evidence that came up in the trial.
Itās an obvious case that just took longer with a jury.
The jury will vote guilty, right?
Of course!
Letās conclude as this.
Yes, chief.
Juror 8 requested to see the case records.
What does he know?
Show him.
What do you want to know?
Talk to me, pal.
Iām trying to help.
PETITION BY DAUGHTER
NO BLOOD ON HAMMER
It looks like heās guilty, but it doesnāt feel right.
May I explain things simply for you?
NO SUBSIDY
FAMILY DISOWNMENT
WITNESS
Now...
If you sort out the facts, itās not hard to see at all.
He pushed her off the balcony when she wouldnāt write the disownment.
Thatās a fact.
That alone shows heās guilty.
Itās so obvious.
He killed his mother with a hammer then disguised it as death by falling.
Why?
She wouldāve resisted from being dropped.
Thus, this hammer is proof that he planned the murder.
It means heās guilty without a doubt for planning the murder.
Well said!
What would we have done without you?
Now, will you vote?
If youāre unsure, just go with the flow.
Thatās the way the world turns.
You know?
Wait.
The hammer was found as evidence the day after the autopsy.
Isnāt that a bit weird?
No.
Itās common in an investigation to find the weapon later.
One date being different doesnāt change everything.
At least they found the weapon.
Shouldnāt we think like that?
There was no blood found on the hammer!
Stop thinking so hard!
Of course not! He planned the murder.
He probably wrapped the hammer with plastic or something.
There was no blood on it?
Excuse me.
Head juror! Not you, too!
Letās wrap it up.
Remember what the old embalmer said?
Itās not a hammer wound.
You believe that?
But he has 30 years of experience...
So what? Heās not a licenced expert.
Thirty years makes him an expert.
I took care of my husband for 10 years without a licence.
Remember what the lawyer said?
He pushed her by accident while arguing.
That means... Whatās the word?
-He killed her accidentally? -Right!
Accidentally.
What if thatās how she died?
Maāam!
Try taking care of an old man who canāt walk.
I thought of killing him a hundred times.
But I could never plan to actually do it.
If thereās a possibility he didnāt hit her with a hammer,
thatās invalid as evidence.
Itās the first thing I learned in law school.
Think of the possibility of innocence.
Possibility of innocence?
But Iām not saying that heās innocent.
Just that maybe itās possible he did it accidentally.
Thatās what Iām saying.
You heard the forensic doctor!
Only the wound on the head showed a vital reaction.
It means he killed her with the hammer then threw her down.
What if she hit her head as she fell?
What?
Then she crashed to the ground...
Do you have proof?
Thereās no proof to say she didnāt either.
What?
The forensic doctor said it was a hammer!
Is it because he confessed?
What do you mean?
If thereās a confession, they slack on the investigation.
Itād just be a waste of tax money.
So thereās no other proof besides the forensic doctor?
Are you saying that he lied?
If Iām wrong, Iāll stick my fingers in dung!
Maybe he doesnāt want to admit he could be wrong.
JURYāS UNEXPECTEDLY LONG DELIBERATION
Yes?
Come in, please.
Yes, chief.
Wait inside, please.
Itās okay.
Itās cold. Please wait inside.
Some of you think that he didnāt kill with a hammer?
Okay, fine.
Then is he not guilty?
Heās guilty.
Why?
What?
Because of many reasons like...
For sure, he dropped his mom.
-Yes. That. -Right.
Itās a fact that Kang Du-sik killed the victim.
Right?
Letās decide on that first.
Is he guilty or not guilty?
You really donāt know or pretending you donāt?
Why look at that again?
Just decide if heās guilty or not.
Whether he used a hammer or not,
he dropped her from the balcony and killed her!
Is that true or not?
Is that true or not!
I donāt want to!
What?
Why not? Just decide if heās guilty or not!
If I say heās guilty, itās over!
Are you 100% sure heās guilty? Iām not!
Iām not voting until I am!
Good luck.
Who else can convince him but you?
āI donāt want toā?
What the heck?
Wait! It doesnāt have to be unanimous.
The judge said that.
We can decide by majority.
Yes, but he has to vote either way...
We explained but he wonāt vote.
Canāt we decide democratically to withdraw his vote?
I donāt think thatās right.
Think about it.
Weāre all wasting time here.
Itās not fair that our opinion is being ignored because of one man.
In a democratic society, I think thatās wrong.
Right. I agree with you there.
Should we withdraw his vote?
Iām not sure, either!
Iāll cancel my guilty vote.
Not you, too!
The hammer is fishy.
Honestly, itās not right.
Withdrawing his vote to end things quickly?
Itās obvious you want to end it and go home.
Young folks can be so naĆÆve.
He killed his mom and tried to kill the judge, too!
Isnāt that crazy?
How could he do that to the judge when his life is in her hands?
Maybe because he was scared.
-What if I did it... -Pardon?
He got charged for killing his mom. People point fingers,
but he canāt remember!
In a situation like that, I think Iād be really scared.
Thatās true.
Dogs bark because theyāre scared.
What are you people saying?
If youāre scared, you can harm people?
Itās a scary world to raise kids.
Crazy people like him should be behind bars!
My daughter is too scared to walk past that neighborhood!
People who live there arenāt all that bad.
What do you know?
I lived in that apartment until three years ago.
I believe what So-ra said.
-Look here. -Whoās So-ra?
Kangās daughter.
She wrote about trips together and how close they were.
-If you see this... -You believe her?
Look at her hair and clothes.
You canāt judge people by their appearance, maāam.
Does she remind you of how you used to live?
So youāre taking the killerās side? Because heās from the same poor area?
Poor folks stick up for each other?
What? What did I say?
I think what So-ra wrote is real!
Hey!
Stay out.
Really?
Explain why.
What?
Well...
If a statement is very detailed and specific,
itās highly possible that itās true.
Iāll read what So-ra wrote on that night.
āDad wasnāt hungry after eating five donuts, so granny ate dinner alone.ā
āWhen she ate beef with a spoonful of soy sauce,ā
ādad said, āStop eating salty food. You have diabetes.ā ā
āHe nagged as usual.ā
āGranny said, āBut you have too many sweets.ā ā
āShe smiled, took out a box from a white bag and gave it to dad.ā
āIt was a gift with new prosthetic gloves.ā
Can I really sleep over there?
Sure.
-Thanks. -Bye, sweetie.
See you.
Dad! Donāt touch my stuff again!
This sounds real.
She couldāve made it up.
Her dadās life is on the line.
No.
Wait.
If she bought him new gloves, they couldāve had a good relationship.
She was good to him, then why kill her?
What in the world happened?
So I was thinking...
Iām not sure now, either.
Youāre not a law student, are you?
She fell from the 9th floor.
The guard saw from the 6th floor.
Is there a chance he saw wrong?
Apartments these days are built so close together.
You used to live there, right?
You used to live there, right?
Older apartments were built much farther apart.
Itāll be hard to see that far.
It rained that night!
The guard wore glasses. Maybe he has bad eyes?
Then it wouldāve been harder to see!
He couldāve seen when lightning struck.
Boom!
They think theyāre detectives now? Damn!
Everyone?
Whether it rained and lightning struck or not
Kang and his mom were the only ones home.
Someone dropped her. Who could that be?
Her brother?
Her brother?
He said he had a drink with his sister!
Whatās with you people!
Weāre jurors!
Weāre supposed to help reach a verdict!
Why are you trying to investigate?
Think youāll find proof that his uncle did it?
We donāt have to find proof that her brother killed her.
What?
We just need to find the possibility that Kang may not be the killer!
The possibility of another person!
If someone else couldāve killed her, Kang may not be the culprit?
Is that it?
Yes!
Maybe the guard saw the wrong man?
We donāt know that!
Youāre not a detective! How would you know?
Itās up to the court to decide if the witness saw correctly or not!
Thatās the judicial system!
Judges, prosecutors, and lawyers! Theyāre elite experts!
They said it was premeditated murder!
If youāre not sure, just follow their lead!
But what do you think?
What?
Not what the experts think. What do you think?
What I think doesnāt matter! But what they think...
We just need to see if the guard saw correctly or not.
If we find that he couldnāt see, then Kang Du-sik...
may be not guilty.
CRIME SCENE INSPECTION PLAN
You want to go where at this hour?
Who suggested this?
I heard jurors in the U.S. inspect the crime scene.
This isnāt America!
I thought a law student would know better.
If youāre done discussing, please conclude things soon.
Your Honor!
Wait, please.
Itās my first time judging anyone in my life.
I know. The first time is always hard.
No, I just want to do it right.
Stay back.
We want to do it right! Why stop us?
Why canāt we check?
We want to be sure!
That punk.
The investigation and trial were done sloppily!
Whoās born a judge?
If I were you, Iād let us go and check!
Why you! Go back in!
Chief Kim!
I just heard.
On-site inspection with the jury!
What a great picture!
Itās the perfect way to change the trialās image!
Donāt worry about the costs. Letās go!
What?
Itās a red carpet frenzy here!
Letās go.
Wait!
Iām a juror, too!
Have you reached a verdict?
See you later.
Weāll provide all means for the jury to make an impartial judgment.
Thus, a crime scene inspection...
We trust itāll help us all get to the truth.
Move! Donāt block us!
Over here, please!
Itās the 9th floor there.
Up there.
Let us sleep!
Advertise there was a killing here why donāt you!
Whoās in charge here!
Is everything set?
Ah... almost.
Get them to move the cars now!
Letās go to the witnessā location. Please hurry.
āWhen we do the best we can, miracles can happen.ā by Hellen Keller -Kang Du-sik
Letās go.
Coming!
Weāll go to the building across to see if we can identify the face.
Ms. Prosecutor? Please come and show us the witnessā location.
Mr. Lawyer? Please stay and help with the reenactment?
-Me? -Yes.
And to act as the suspect...
The judge can do it.
Weāre all set.
Thank you.
Letās go.
ELEVATOR OUT OF ORDER
Great.
I need the exercise after being stuck inside all day.
Letās go up.
-You first. -Sure.
Letās go, chief.
What chief? Iām just a gofer.
Take the hose up over unit 902.
If I canāt see from here, Iāll think it over, too.
Push it in. Thatās it.
It doesnāt match. Pull it out.
Turn the torso.
Not you! The mannequin! Why you!
Oops.
Ready?
All set.
Letās begin.
Lightning, please.
Did you see the face?
Can you see?
Am I the only one who can see?
4:38 a.m. CRIME SCENE INSPECTION ENDED
Itās a murder case over money.
This is an intentional murder.
Now, weāll decide the length of his sentencing.
The defendant would apply here, between 15 to 20 years.
However, it was premeditated,
and the victim was weak and vulnerable.
It was a cold-blooded...
Your Honor?
Thereās no definitive proof he killed her with a hammer.
The investigation was done poorly.
It could be from hitting something while falling.
I think...
Itās difficult to conclude it was a premeditated murder.
Thus, it should be an accidental killing...
Then the sentencing should be less.
Itās scary to make a decision, isnāt it?
Will you feel better if we lessened his sentencing?
When I wrote my first verdict, I was like that, too.
It wasnāt a murder case, but a burglary.
Still, I wrote and rewrote the verdict all night.
Itās never easy to make judgments that affect othersā lives.
This trial will stay with you for a while.
Some of you may remember for the rest of your life.
Thank you for all your hard work.
DELIBERATION ENDED
Take your belongings.
Please stay here until court is back in session.
Thank you.
Oh my...
I havenāt worked this hard in a while.
We stayed another day. Will we get paid more?
No.
How about cab fare? We worked through the night.
No, sir.
That needs improvement.
Good work, folks.
Debtor Rehabilitation denied due to missing product submission.
Yes, sir.
Where the hell are you!
I told you to be there when I got off the plane!
I apologize, sir.
Mom! You stayed out overnight?
I had something important to do.
Like hell you do!
It was really important...
Therefore, defendant Kang Du-sik is guilty...
You took all those notes?
Oh, this?
I majored in engineering, then got into law school after three tries.
This is sort of my first trial...
Help! Somebody help me!
What the! Geeze!
What is it?
A self-defence tool?
-Well... -Itās yours?
Help me! Help!
Itās not me.
Help me! Help!
What are you doing?
See? He ran right over.
Get a professional to record. Whoād come to help like that?
I was just giving him a few pointers.
It sounded real.
Wait!
People scream for help when theyāre in danger, right?
Then why did the mother stay calm?
Because he killed her with the hammer.
What if she really hit her head while falling?
Thereās no proof it was a hammer.
Why did we think she was dead?
Because the guard said so.
No!
Iāll call you later, sir.
We saw from the other side!
From there, you canāt tell if she was alive or dead.
The guard just thought she was dead.
Because she remained still!
Thereās a possibility she was alive.
She was alive?
She was alive, but she didnāt scream for help?
She didnāt want to live?
Hold on.
-What are you doing? -Let me check one more thing.
You canāt touch that!
It wonāt take long.
Kang Du-sik didnāt write this!
āIāll cut ties with my mother.ā
What are you doing?
-Give it to me! -Whatās this?
Give it to me!
Damn it!
What the heck! Itās raining!
What are you doing?
Mom...
For her son to collect welfare...
Maybe she wanted to end it.
It probably tormented her for life, making her son like that.
He didnāt run away, but tried to save her.
911. How may I help you?
Someone fell...
Really, sir?
Where is that?
Sir? The location, please?
Hurry!
-Donghwa Apartments. -Yes?
-Unit 902. -902.
-What building, sir? -Hurry!
What if sheās hurt?
My poor mom!
-Your mother fell, sir? -Please hurry!
Please hurry!
Whatās the building number, sir?
Rescue is on the way.
Please tell us the exact location, sir.
My mom!
I need the building number.
Hello?
Which building at Donghwa?
Hello?
Sir! Please donāt hang up.
Hello? Are you there, sir?
All rise!
Be seated!
8:00 a.m. THE SENTENCING
Prior to sentencing, Iāll announce the juryās verdict.
The jury has unanimously found...
So she committed suicide?
Yes, Your Honor.
Saying it was a suicide because the writings are different?
That makes no sense!
Based on the evidence, we canāt rule out a suicide.
So everyone thinks heās innocent? You all agree?
Yes.
Weāll take note of that.
What do you mean?
If we say heās innocent, heās innocent, isnāt he?
Article 46, Paragraph 5 of the Jury in Trials Act.
āThe juryās verdict does not bind the court.ā
I told you that during jury selection.
What the...
Simply put, the juryās verdict is just a reference.
The judges decide the final verdict.
So even if we say heās innocent, he could be found guilty?
Your Honor, he didnāt kill her! He could be innocent!
Thatās the law.
What kind of shitty law is that?
What are you doing!
You think you can take advantage of the law at will?
We never thought that. Ever!
You said the law doesnāt exist to punish people.
Would it be right to punish people without any standard?
They could be wrongfully charged!
To avoid punishing people unjustly and to set a standard,
you said thatās the law.
The law doesnāt exist to punish people.
Is it right to punish without a standard?
They could be wrongfully charged.
To not punish people unjustly and set a standard,
thatās the law.
Security!
Escort them.
Letās go, please.
Prior to sentencing, Iāll announce the juryās verdict.
The jury has unanimously found the defendant not guilty.
However, the juryās verdict is an opinion to refer to by law.
Defendant? Please stand.
If youād like to speak, please do so.
Case 2008-372.
The court will now sentence Kang Du-sik, charged with homicide.
We conclude, that on the night of the victimās death,
defendant Kang Du-sik fought with his mother.
We conclude the victim later fell from her apartment and died.
We also conclude that only the victim and defendant were in the unit.
We conclude that the security guard witnessed the victimās fall.
In sum, we suspect strongly that the defendant
brutally murdered the victim.
ā... 25 years in prison.ā
āWhen in doubt, consider the defendantās interestsā
However, there is no direct evidence that he used the hammer to kill.
The victim did not show any signs of resistance.
And itās possible, the guard, Bae Soon-pil, couldāve been mistaken.
Itās difficult to rule out the victim couldāve committed suicide.
As such, it is difficult to conclude
that the defendant killed the victim with the evidence submitted.
Therefore, as there is no evidence to conclude the defendant killed
without reasonable doubt,
the court finds the following verdict.
Defendant Kang Du-sik, not guilty.
What?
We donāt know the entire truth to this case.
āWhen in doubt, consider the defendantās interests.ā
Itās the main principle of Criminal Procedure Law.
The first jury of the Peopleās Participation Trial reminded us.
As the law must reflect the peopleās will,
weāve decided to follow the juryās verdict.
Oh my...
Chief Justice was surprised by the not guilty verdict.
But as it was the first trial with the people and judges as one!
He loved this picture!
Everyoneās happy.
I knew you could do it.
A judge must judge well!
Good job.
Now, letās wrap it up.
But I was saving someone.
Iāll submit the sample now! Iāll be there in one minute!
Iām already here.
Iāve been here since yesterday!
Iām serious!
Iāll be there in 30 seconds!
2019, PRESENT DAY
Juror 8? Where are you going?
This way, please.
ā2008, The First Civic Participation Trial Juryā
JUROR 8
During the trial of a man charged with killing his mother in December 2008, the first jury found him not guilty.
The rate of not guilty verdicts has been three times higher in trials with juries than without.
At present, the National Assembly is discussing an amendment to the Criminal Procedure Law that requires the judges to follow the juryās verdict.
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