1
CGV ARTHOUSE presents
A BANZAKBANZAK FILM production
The peoples 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?
SEOUL CENTRAL DISTRICT COUR -Good morning.
-Is everything ready?
-Hes here!
-Lets go!
Your comments on the first trial
with a jury, please?
There are concerns about
the jury system.
Will the jurys decision be accepted,
Your Honor?
Please, its not me.
A word, please?
Should the general public adjudicate?
Why you... Everyones watching.
Couldnt you dress up
for a day like this?
Anyway,
talk to the reporters
after the jury selection, okay?
Say its an honor to be in court
with the people.
Something like that.
Hows the case? Looked over it?
I dont see much contention.
Thats good.
But you never know, sir.
What do you mean?
This is a great opportunity.
If it wasnt for the draw,
you wouldnt have gotten this.
Why you...
You have to get promoted
to High Court this time.
Or younger folks will come up
and youll be left in the dust.
So do a good job
no matter what, okay?
Supreme Court Chief Justice, sir?
This is Chief Kim.
Shell 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.
Shes strong and resolute like a man.
I expect a positive picture.
JURY SELECTION COMPLETE
Those who werent selected,
please take the $50 pay.
Why werent you selected?
Selecting jurors is hard.
Im tired already.
Do I look like
the chief presiding judge?
Dont 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 wont affect the trial.
Call the candidates
who were absent.
Lets fill all 8 jurors.
You have an hour.
Yes, chief!
Debtor Rehabilitation Application
Stop applying.
How about filing for bankruptcy?
I dont want to.
If I do,
Ill have to drop my product.
I just got it patented.
I cant give up now
and lose everything.
Youll 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?
Its 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 isnt it working?
Loose wires?
What about the spray?
Dont spray that at me!
It doesnt work either?
Dont point it at me!
Fine. Ill apply for you.
Put that down, please.
-Really?
-Yes.
Thank you!
Excuse me.
Hello?
Its Seoul Central District Court.
Is this Mr. Kwon Nam-woo?
You were selected as a candidate
but didnt come or submit a notice.
Thats a $2000 fine.
Pardon?
I didnt know our country
even had jurors!
We sent you a notice.
Ive been getting a lot of
overdue notices...
Well ask some questions
for jury selection.
If the chance of a defendants guilt
Is 50 - 50,
then is the defendant guilty or not?
50-50?
Guilty?
Next question.
Wait! Let me think.
Thats not right...
Ill ask a question.
Release ten criminals if you must,
but dont sentence 1 man unjustly.
Do you agree or disagree?
Cant 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,
thats the law.
Next candidate?
Hell come in an hour.
The defendant has acknowledged
all of his crimes.
So itll be more of
a sentencing trial.
So its decided that hes guilty?
So all you need to decide on is
how many years to sentence him.
2008, The First Civic Participation Trial Jury
Please stand closer together!
This way.
Look at the camera, please.
Juror 1? This way, please.
Good call.
It wouldnt look good
having an empty spot from the start.
Nice picture.
Lets do this right,
so you can go to the High Court.
And Ill 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.
Its a historical day
where citizens, as jurors,
will judge the defendant.
As we begin this historical trial,
there is much anticipation
in the citizens 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.
Well abide by the law
and by principles.
Its 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 cant be far!
Found him!
Why you!
Hold him!
He mustve 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?
Youre 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 couldnt 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.
Isnt 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 ACCDIEN See the back support?
She threw out her back!
She cant work!
Lets just go.
Mom!
Lets go!
Please fill out these forms separately.
Then you can receive
basic living subsidy.
STATEMENT OF FAMILY DISOWNMEN Lets go.
No!
Du-shik!
Lets go!
-Should I fill it out for you?
-Lets just go!
What the!
SERVICE CENTER EMPLOYEE
If any member of the family works,
they cant get
basic living subsidy?
Yes. Thats the law.
I explained that to him
several times.
But his mother
washed dishes at a restaurant.
When she couldnt work for months,
he came in drunk and yelled.
He came to apply for subsidy
because his mother couldnt work?
Yes.
But a temporary injury
doesnt suffice.
It has to be a severe disability.
Thats the law,
but he took it out on me.
As the defendant couldnt work,
he urgently needed the $700 subsidy
rather than his mothers 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?
Ill cut ties with my mother.
My life is ruined because of her.
Its her fault
Im covered in burns.
Its her fault
I couldnt get jobs.
Its all because
of my terrible mother.
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... dont remember...
I dont remember.
Sit down, please.
I said I dont remember!
I dont remember!
I dont remember anything!
Defendant!
I dont know!
Calm down!
Court will adjourn.
-Let go!
-Calm down!
-Whats with you?
-Calm down!
It just so happens
he cant recall the night she died.
He refused the lie detector.
He confessed!
Why change things all of a sudden?
Lets 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 hes guilty or not?
What in the world?
The reporters are coming.
Lets go to the meeting room.
The evidence is clear.
Whats there to worry about?
There is.
The jury.
-Youre a law school student?
-Yes.
So what happens now?
But Im 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 cant remember...
Then we judge if hes guilty or not.
Ow... My stomach.
Why? He killed his mother.
Hes lying
that he doesnt remember.
He confessed. Why change now?
How can we believe him?
This is worse than
kids cafeteria food.
What do you expect?
We get $100 a day here.
So Im not working hard.
No.
Maybe he really cant 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?
Im so sorry.
May I go to
the Civil Appeals Department?
I just have to submit this.
Outside contact is forbidden.
-Then may I make...
-Thats better!
May I make a phone...
Just one phone call, please?
Did you see the judge
when the defendant acted up?
She didnt even blink.
I didnt do anything wrong,
but she scared me.
I guess not everyone
can be a judge, huh?
Why cant my daughter
want to be a judge?
Not a K-pop idol...
Not all judges are the same.
Without connections and patrons,
shes just another civil servant.
The chief judge is like that.
Who are you?
How do you know that?
Sorry. Excuse me.
Its good to know, isnt it?
Shes our boss today.
Still, it must be nice
to be a judge.
Its a government job.
Well be done before 6 p.m., right?
It could be 6 p.m. today
or tomorrow.
Who knows?
What?
Juror 5?
Yes!
Yes, sir. Its me, sir.
-Wait!
-He made arrangements from before.
Hes the chief secretary
of Samjin Group.
But...
-Thats why he seemed so smart.
-Ive been selected
as a juror, sir.
Its like reserve duty training.
I apologize, sir.
You arrive at 11 p.m., sir.
Ill 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 hes denying it
after everything,
it means he hopes to get to
to the jury, no?
The defendant is denying
the charges...
Well have to accept it.
So I have to argue
that hes not guilty now?
All of a sudden?
Hes aware that he could be sentenced
longer than a plead for mercy?
The defendant is not the problem!
Think of the jury!
Theyre common citizens
with no knowledge of the law.
Let them judge
if hes guilty or not?
Thats 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 isnt just about our court.
The judiciarys honor is on the line.
Lets cancel and do it next time.
Agreed?
From juvenile detention
to five accounts of violence,
and lots of trial experience?
Lets keep going.
Lets proceed to see
if hes guilty or not.
But...
Lets eat quickly and work!
Hes missing!
Civil Appeals Department.
But I went that way.
What?
Damn! Where is it?
Excuse me!
Civil Appeals Department...
Where is it?
Ordinary people cant be here.
Im ordinary...
Only judges use this path.
The public and judges
have different paths.
Dont look.
Judges get scared
if strangers look at them.
Why?
They think they came for revenge.
Damn judges.
Lets go.
Its a maze in here.
A maze is a way, too.
Thats weird.
Wait. Its locked.
Stay right here.
Pardon?
Dont move. Stay here.
Ill be back.
But...
A man in his late 20s.
Hes average looking.
-His hair is average length.
-My stomach!
Hes pretty tall.
Do you have his picture?
No..?
He didnt 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.
Its 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!
Whered it go?
Well...
They said not to meet outsiders,
but I guess youre 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 didnt do it.
Who knows?
There could be more
to the story.
A trial isnt over till its over.
What?
How did this...
Maam?
CIVIL APPEALS DEPARTMEN We wont tolerate actions that
undermine the trials impartiality.
Youll all be jointly responsible
for all incidents that arise here.
Is that clear?
If you do that again, Ill...
He says he went to the bathroom
and got lost!
Its only right to welcome back
the lost, you know?
Why you!
Yes.
This judge mustve scared you.
As you know, the defendant
denies the crime now.
Now, it will be a trial to determine
if hes guilty or not.
Wait a minute.
Then will the trial take longer?
Well know as we go.
Members of the jury,
please remember
to presume innocence
and dont conclude the defendant
is guilty till the end.
Juror 8?
Do you understand?
Yes.
The victims time of death
is estimated to be 4 a.m. on July 29th.
FORENSIC PATHOLOGIS An autopsy conducted on July 31st
showed fractures in the head
and cervical vertebrae.
It doesnt 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 victims 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.
Thats 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 wouldve gushed up and out.
But there wasnt much blood
in the pictures before.
You worked as an embalmer
for 30 years?
People may look down on me
for washing corpses,
but Im better than autopsy doctors,
and cops ask me all the time.
Do you have a forensics degree
or doctors licence?
Well, no...
Delete Juror 6s comments
from the record.
If you speak, youll be removed
from court. Please be seated.
Witness?
Is it possible that the wound
is not from a hammer?
Its highly unlikely.
Look closely!
Thats not a hammer wound!
Juror 6!
Your personal opinion
hinders the trials impartiality.
Please leave the court.
Security?
Damn it.
Come out, sir.
What in the world?
Move over!
Why cant I say what I think?
Lets go.
Let go of me!
Then why bother selecting a jury!
Let go! I dont believe this!
If Im wrong,
Ill 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 its the first trial
with a jury.
You shouldve paid
more attention to details.
Must I test this now?
Why not?
Im suddenly arguing
hes not guilty.
What test?
Why bring things up!
I vote against it.
He doesnt have fingers.
If he can swing a hammer
then hes the killer. If not...
He doesnt have fingers?
No fingers?
Why doesnt he have fingers?
Howd you know
that hes missing fingers?
Well...
He has severe burns
and hes wearing gloves.
Doesnt that raise red flags?
Lets just test and see.
He cant hold a hammer
if he has no fingers.
He had prosthetic gloves.
Can you swing wearing
prosthetic gloves?
He filled out a form.
Why cant he swing a hammer?
Swinging and writing are different.
So lets test and see.
Wait.
If he cant swing,
then hes innocent?
Right.
How do we know
if he cant swing or if he wont?
Let the chief judge decide.
What?
Shes the judge!
Jury votes 4:3 in favor of the test.
Very well.
As the jury requests,
well 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 cant do it or you wont?
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, its 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.
Theyll soon decide
whether to resume the trial.
How embarrassing!
All this because of one juror!
Forget it.
Chief Kim.
Lets stop the circus
and adjourn for today.
Did you hear me or not?
Cancel it.
Its me.
What?
Im the presiding judge.
Dr. Jeong?
Make sure it doesnt leave a scar.
Yes, sir.
Fine.
Some question the courts ability
to preside a public trial by jury.
Have a seat.
Are you all right?
I see that youre quite particular.
Thanks to your test idea,
it proved he can swing.
But... Im still curious...
If he swings the hammer,
its acknowledging that he did it.
If it was me,
I wouldnt have swung it.
He lost it as he swung it.
Maybe it means he cant swing....
Rulings are made based on evidence.
Its 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 Koreas judicial history.
But theres 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.
DEFENDANTS UNCLE
I said stop idling at home
and do something!
Then he lost his mind
and attacked me.
Im lucky my sister stopped him.
He almost killed me, too!
I slept over at a friends house
because grandmas brother was coming.
DEFENDANTS 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 theyre not really fighting!
Its because dad hates
that grandma has to work so hard.
My dad didnt 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
Its 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 jurys verdict
will affect the final decision
of the judges.
HAN Yeon-hee. YTN news.
Guilty.
DELIBERATION
Guilty.
Guilty.
Guilty.
Its unanimous!
Now, lets vote
if it was planned or accidental.
Wait. There are only 6.
Ah...
Juror 8?
Yes?
You vote guilty?
Or not guilty?
Im not sure.
Its either guilty or not guilty.
What dont you get?
Whats with you?
Motive, witness, and
forensic evidence are all there.
Theres no new evidence
that came up in the trial.
Its an obvious case
that just took longer with a jury.
The jury will vote guilty, right?
Of course!
Lets 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.
Im trying to help.
PETITION BY DAUGHTER
NO BLOOD ON HAMMER
It looks like hes guilty,
but it doesnt feel right.
May I explain things
simply for you?
NO SUBSIDY
FAMILY DISOWNMEN WITNESS
Now...
If you sort out the facts,
its not hard to see at all.
He pushed her off the balcony
when she wouldnt write the disownment.
Thats a fact.
That alone shows hes guilty.
Its so obvious.
He killed his mother with a hammer
then disguised it as death by falling.
Why?
She wouldve resisted
from being dropped.
Thus, this hammer is proof
that he planned the murder.
It means hes guilty without a doubt
for planning the murder.
Well said!
What would we have done
without you?
Now, will you vote?
If youre unsure,
just go with the flow.
Thats the way the world turns.
You know?
Wait.
The hammer was found as evidence
the day after the autopsy.
Isnt that a bit weird?
No.
Its common in an investigation
to find the weapon later.
One date being different
doesnt change everything.
At least they found the weapon.
Shouldnt 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!
Lets wrap it up.
Remember what
the old embalmer said?
Its not a hammer wound.
You believe that?
But he has 30 years of experience...
So what?
Hes 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... Whats the word?
-He killed her accidentally?
-Right!
Accidentally.
What if thats how she died?
Maam!
Try taking care of an old man
who cant walk.
I thought of killing him
a hundred times.
But I could never plan
to actually do it.
If theres a possibility
he didnt hit her with a hammer,
thats invalid as evidence.
Its the first thing I learned
in law school.
Think of the possibility
of innocence.
Possibility of innocence?
But Im not saying
that hes innocent.
Just that maybe its possible
he did it accidentally.
Thats what Im 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?
Theres no proof to say
she didnt either.
What?
The forensic doctor said
it was a hammer!
Is it because he confessed?
What do you mean?
If theres a confession,
they slack on the investigation.
Itd just be a waste of tax money.
So theres no other proof
besides the forensic doctor?
Are you saying that he lied?
If Im wrong,
Ill stick my fingers in dung!
Maybe he doesnt want to admit
he could be wrong.
JURYS UNEXPECTEDLY LONG DELIBERATION
Yes?
Come in, please.
Yes, chief.
Wait inside, please.
Its okay.
Its cold. Please wait inside.
Some of you think
that he didnt kill with a hammer?
Okay, fine.
Then is he not guilty?
Hes guilty.
Why?
What?
Because of many reasons like...
For sure, he dropped his mom.
-Yes. That.
-Right.
Its a fact that Kang Du-sik
killed the victim.
Right?
Lets decide on that first.
Is he guilty or not guilty?
You really dont know
or pretending you dont?
Why look at that again?
Just decide if hes 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 dont want to!
What?
Why not?
Just decide if hes guilty or not!
If I say hes guilty, its over!
Are you 100% sure hes guilty?
Im not!
Im not voting until I am!
Good luck.
Who else can convince him but you?
I dont want to?
What the heck?
Wait!
It doesnt 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 wont vote.
Cant we decide democratically
to withdraw his vote?
I dont think thats right.
Think about it.
Were all wasting time here.
Its not fair that our opinion
is being ignored because of one man.
In a democratic society,
I think thats wrong.
Right. I agree with you there.
Should we withdraw his vote?
Im not sure, either!
Ill cancel my guilty vote.
Not you, too!
The hammer is fishy.
Honestly, its not right.
Withdrawing his vote
to end things quickly?
Its obvious you want to
end it and go home.
Young folks can be so nave.
He killed his mom
and tried to kill the judge, too!
Isnt 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 cant remember!
In a situation like that,
I think Id be really scared.
Thats true.
Dogs bark because theyre scared.
What are you people saying?
If youre scared,
you can harm people?
Its 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
arent all that bad.
What do you know?
I lived in that apartment
until three years ago.
I believe what So-ra said.
-Look here.
-Whos So-ra?
Kangs 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 cant judge people
by their appearance, maam.
Does she remind you of
how you used to live?
So youre taking the killers side?
Because hes 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,
its highly possible that its true.
Ill read what So-ra wrote
on that night.
Dad wasnt hungry after eating
five donuts, so granny ate dinner alone.
When she ate beef
with a spoonful of soy sauce,
dad said, Stop eating salty food.
You have diabetes.
He nagged as usual.
Granny said, But you have
too many sweets.
She smiled, took out a box
from a white bag and gave it to dad.
It was a gift
with new prosthetic gloves.
Can I really sleep over there?
Sure.
-Thanks.
-Bye, sweetie.
See you.
Dad! Dont touch my stuff again!
This sounds real.
She couldve made it up.
Her dads life is on the line.
No.
Wait.
If she bought him new gloves,
they couldve had a good relationship.
She was good to him,
then why kill her?
What in the world happened?
So I was thinking...
Im not sure now, either.
Youre 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.
Itll be hard to see that far.
It rained that night!
The guard wore glasses.
Maybe he has bad eyes?
Then it wouldve been
harder to see!
He couldve seen
when lightning struck.
Boom!
They think theyre 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!
Whats with you people!
Were jurors!
Were supposed to help
reach a verdict!
Why are you trying to investigate?
Think youll find proof
that his uncle did it?
We dont 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 couldve killed her,
Kang may not be the culprit?
Is that it?
Yes!
Maybe the guard saw the wrong man?
We dont know that!
Youre not a detective!
How would you know?
Its up to the court to decide
if the witness saw correctly or not!
Thats the judicial system!
Judges, prosecutors, and lawyers!
Theyre elite experts!
They said it was premeditated murder!
If youre not sure,
just follow their lead!
But what do you think?
What?
Not what the experts think.
What do you think?
What I think doesnt matter!
But what they think...
We just need to see
if the guard saw correctly or not.
If we find that he couldnt 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 isnt America!
I thought a law student
would know better.
If youre done discussing,
please conclude things soon.
Your Honor!
Wait, please.
Its 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 cant we check?
We want to be sure!
That punk.
The investigation and trial
were done sloppily!
Whos born a judge?
If I were you,
Id 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!
Its the perfect way
to change the trials image!
Dont worry about the costs.
Lets go!
What?
Its a red carpet frenzy here!
Lets go.
Wait!
Im a juror, too!
Have you reached a verdict?
See you later.
Well provide all means for the jury
to make an impartial judgment.
Thus, a crime scene inspection...
We trust itll help us all
get to the truth.
Move! Dont block us!
Over here, please!
Its the 9th floor there.
Up there.
Let us sleep!
Advertise there was a killing here
why dont you!
Whos in charge here!
Is everything set?
Ah... almost.
Get them to move the cars now!
Lets go to the witness location.
Please hurry.
When we do the best we can,
miracles can happen. by Hellen Keller
-Kang Du-sik
Lets go.
Coming!
Well go to the building across
to see if we can identify the face.
Ms. Prosecutor? Please come
and show us the witness location.
Mr. Lawyer? Please stay
and help with the reenactment?
-Me?
-Yes.
And to act as the suspect...
The judge can do it.
Were all set.
Thank you.
Lets go.
ELEVATOR OUT OF ORDER
Great.
I need the exercise
after being stuck inside all day.
Lets go up.
-You first.
-Sure.
Lets go, chief.
What chief? Im just a gofer.
Take the hose up over unit 902.
If I cant see from here,
Ill think it over, too.
Push it in. Thats it.
It doesnt match. Pull it out.
Turn the torso.
Not you! The mannequin!
Why you!
Oops.
Ready?
All set.
Lets 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
Its a murder case over money.
This is an intentional murder.
Now, well 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?
Theres no definitive proof
he killed her with a hammer.
The investigation was done poorly.
It could be from hitting something
while falling.
I think...
Its difficult to conclude
it was a premeditated murder.
Thus, it should be
an accidental killing...
Then the sentencing should be less.
Its scary to make a decision,
isnt it?
Will you feel better
if we lessened his sentencing?
When I wrote my first verdict,
I was like that, too.
It wasnt a murder case,
but a burglary.
Still, I wrote and rewrote
the verdict all night.
Its never easy to make judgments
that affect others 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 havent 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...
-Its yours?
Help me! Help!
Its not me.
Help me! Help!
What are you doing?
See? He ran right over.
Get a professional to record.
Whod come to help like that?
I was just giving him
a few pointers.
It sounded real.
Wait!
People scream for help
when theyre 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?
Theres no proof
it was a hammer.
Why did we think
she was dead?
Because the guard said so.
No!
Ill call you later, sir.
We saw from the other side!
From there, you cant tell
if she was alive or dead.
The guard just thought
she was dead.
Because she remained still!
Theres a possibility
she was alive.
She was alive?
She was alive,
but she didnt scream for help?
She didnt want to live?
Hold on.
-What are you doing?
-Let me check one more thing.
You cant touch that!
It wont take long.
Kang Du-sik didnt write this!
Ill cut ties with my mother.
What are you doing?
-Give it to me!
-Whats this?
Give it to me!
Damn it!
What the heck! Its 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 didnt 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 shes hurt?
My poor mom!
-Your mother fell, sir?
-Please hurry!
Please hurry!
Whats 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 dont hang up.
Hello? Are you there, sir?
All rise!
Be seated!
8:00 a.m. THE SENTENCING
Prior to sentencing,
Ill announce the jurys 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 cant rule out a suicide.
So everyone thinks hes innocent?
You all agree?
Yes.
Well take note of that.
What do you mean?
If we say hes innocent,
hes innocent, isnt he?
Article 46, Paragraph 5
of the Jury in Trials Act.
The jurys verdict
does not bind the court.
I told you that
during jury selection.
What the...
Simply put, the jurys verdict
is just a reference.
The judges decide the final verdict.
So even if we say hes innocent,
he could be found guilty?
Your Honor, he didnt kill her!
He could be innocent!
Thats 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 doesnt 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 thats the law.
The law doesnt 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,
thats the law.
Security!
Escort them.
Lets go, please.
Prior to sentencing,
Ill announce the jurys verdict.
The jury has unanimously found
the defendant not guilty.
However, the jurys verdict
is an opinion to refer to by law.
Defendant? Please stand.
If youd 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 victims 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 victims fall.
In sum, we suspect strongly
that the defendant
brutally murdered the victim.
... 25 years in prison.
When in doubt,
consider the defendants interests
However, there is no direct evidence
that he used the hammer to kill.
The victim did not show
any signs of resistance.
And its possible, the guard,
Bae Soon-pil, couldve been mistaken.
Its difficult to rule out
the victim couldve 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 dont know
the entire truth to this case.
When in doubt,
consider the defendants interests.
Its the main principle
of Criminal Procedure Law.
The first jury of the Peoples
Participation Trial reminded us.
As the law must reflect
the peoples will,
weve decided to follow
the jurys 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!
Everyones happy.
I knew you could do it.
A judge must judge well!
Good job.
Now, lets wrap it up.
But I was saving someone.
Ill submit the sample now!
Ill be there in one minute!
Im already here.
Ive been here since yesterday!
Im serious!
Ill be there in 30 seconds!
2019, PRESENT DAY
Juror 8? Where are you going?
This way, please.
2008, The First Civic Participation Trial Jury
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 jurys verdict.