"When clear evidence has been newly discovered" under Article 420 subparagraph 5 of the Criminal Procedure Act means evidence that was not discovered in, or could not be submitted even after it was discovered in, the litigation procedures in the finalized original judgment, and the value of such evidence is objectively superior to that of the evidence in light of the empirical rule or logical rule. In this regard, according to the civil judgment which became final and conclusive by the appellant, such as the theory of lawsuit, and the register of the land register, the fact that a civil judgment has become final and conclusive in conflict with the final and conclusive judgment of this case cannot be found in light of the materials cited by the final and conclusive judgment of this case, but such materials alone cannot be said to constitute "when clear evidence is newly discovered to a person who has been sentenced to a crime of oil" and thus, the rejection of the request for retrial of this case is just and reasonable in light of the records, and there is no illegality in the theory of lawsuit.

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

Justices Kim Jong-sik (Presiding Justice)