The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court (excluding the examination result of the detection of false horses), the lower court was justifiable in finding the Defendant guilty of the instant facts charged for the reasons indicated in its reasoning, and did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by

On the other hand, in order to use the results of the detection machine as evidence of guilt, first, there is a change in a certain psychological condition if the falsehood is false, second, the change in the psychological condition causes a certain physiological reaction, third, it must be satisfied the premise that the speech of the person under investigation can be determined accurately by the physiological response (see Supreme Court Decision 2005Do130, May 26, 2005, etc.). According to the reasoning of the judgment below and the record, the court below satisfied the above premise condition.

Although the facts charged in this case are excluded as seen earlier, the court below and the court of first instance can sufficiently be found guilty based on the remainder of evidence duly adopted by the court below. Thus, such errors of the court below are not erroneous in the misapprehension of the judgment which affected the conclusion of the judgment.

Therefore, the ground of appeal on this point cannot be accepted.

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