[재심기각][집14(3)형,002]
"When clear evidence is newly discovered" in Article 420 subparagraph 5 of the Criminal Procedure Act.
The so-called "when clear evidence of this Article is newly discovered" as provided in subparagraph 5 of this Article shall be such evidence that was not found or could not be examined at the original instance of the final judgment, and that the objective superiority in the value of such evidence may be recognized.
Article 420 of the Criminal Procedure Act
Re-appellant
Seoul High Court Decision 66Ro9 delivered on February 9, 1965
The reappeal is dismissed.
The Re-Appellant's grounds for reappeals' appeal against the dismissal ruling of the request for reexamination (this is supplement from the independent position of the court of final appeal, and supplement it from the independent position of the court of final appeal) and re-appellants' grounds for reappeals' grounds for reappeals' grounds for reappeals' grounds for reappeals' grounds for reappeals' grounds for reappeals' grounds for reappeals' grounds for reappeals' rejection of appeal records and notification of appointment of public defenders' grounds for appeal to the Re-Appellants' rejections' rejections' rejections' rejections' rejections' rejections' rejections without notification and notification of appointments' appointments to the Re-Appellants' former defendants' rejections' rejections' rejections' rejections' grounds for appeals' rejections' rejections' rejections. As supplementary evidence for the Re-Appellants' self-appellants' withdrawals' rejections' rejections' rejection
However, the court below's decision that maintained the first instance court's decision that dismissed the re-appeal under the above opinion is just, and there is no violation of the Constitution, law, order, or rule that affected the trial under Article 415 of the Criminal Procedure Act. The second instance court's decision that maintained the first instance court's decision that rejected the re-appeal is justified, and there is no ground for appeal. The second instance court's decision did not contain any violation of the Constitution, law, order, or rule that affected the trial under Article 415 of the same Act.
It is so decided as per Disposition by all participating judges.
Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro