"When clear evidence is newly discovered" as provided in Article 420 subparagraph 5 of the Criminal Procedure Act refers to evidence which was not discovered in, or could not be submitted even after it was discovered in, the litigation procedures in the finalized original judgment, and it refers to the time it is possible to discover or submit the evidence that is recognized as an objective superior to that of other evidence (see Supreme Court Decision 72Nu1 delivered on March 28, 1972). Thus, the letter of the Co-defendant's own opinion in the lawsuit cannot be seen as an obvious evidence that is newly discovered because it is written in the statement of the person who was the co-defendant with the defendant and it cannot be seen as an obvious evidence that is newly discovered. Therefore, the court below's rejection of the

In addition, even though the reason for the request for retrial of this case, such as the theory of lawsuit, is not the same as the reason for the request for retrial that had already been filed in the past, the judgment of the court below on this part does not affect the theory

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Lee Sung-soo (Presiding Justice)