A. Limitation of the principle of free evaluation of evidence in criminal trials

B. Whether the criminal facts must be proven only by direct evidence

(c) The case reversing the judgment of the court below on the ground that the court below acquitted the defendant on the ground that it rejected the reliable testimony as a false doubt, and found the result of the written appraisal securing high probability without clarifying any doubts about it;

A. Although the probative value of evidence is left to a judge’s free judgment, it should be consistent with logical and empirical rules. The degree of the formation of conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt that is unreasonable, and the rejection of evidence by causing a suspicion that has probative value without reasonable grounds is beyond the bounds of the principle of free evaluation of evidence.

B. Criminal facts are not necessarily required to be proved with direct evidence, but can be proved with indirect evidence as long as it conforms to logical and empirical rules.

C. The case reversing the judgment of the court below on the ground that the court below rejected the reliable testimony as a false doubt, and found the defendant not guilty on the ground that the result of the written appraisal securing high probability was not clearly clarified.

Articles 308 and 307 of the Criminal Procedure Act

(b) Supreme Court Decision 92Do3327 delivered on March 23, 1993 (Gong1993Sang, 133)

Defendant

A co-inspector;

Attorney Lohat-law

Daegu High Court Decision 93No977 delivered on April 20, 1994

The judgment below is reversed, and the case is remanded to the Daegu High Court.

We examine the grounds of appeal.

1. The summary of the facts charged in this case is as follows.

Defendant

(a)On January 26, 1993, around 00: 18:00, in the fourth floor of the fourth floor in Daegu-gu, the knife (14cm in blade length, about 2.5cm in knife) and 1.20,000 won in cash by threatening the victim 1 (niff, 5 years old), his knife 2 (nife, 19 years old), his knife knife 3, and then knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife kn

B. At around 17.14:00 of March 17.14:00 of the same year, a company located in the Daegu-gu month with a knife (the knife length shall be not less than 10cm, the knife shall be not less than 2cm), and the company accounting department of the knife shall have two parts of the left upper part of the victim 4 (23) of the knife, the depth and the left part, and the left part of the knife shall be 18 times each, and 50,000 won of cash, 10,000 won of the knife's cashier's checks (the issuance of the knife Special Metropolitan City Department) shall be taken over in the kn

2. The judgment of the court below

A. On this premise, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the grounds that the degree of the formation of a conviction should reach the stage of proof or conviction with no reasonable doubt, and that if it cannot reach such a stage, it shall follow the principle of “the interest of the Defendant when the defendant was put in mind,” and that various evidence supporting the facts charged are doubtful or insufficient to recognize the facts charged for the following reasons, and eventually, each robbery of this case constitutes a case where there is no proof of a crime, and sentenced the Defendant not guilty. The summary of the grounds for innocence presented by the court below is as follows.

B. As to the first criminal conduct

(1) As to the victim 2's statement

(A) The witness at the lower court and the first instance court witness 2 directly observed the crime that the mother, the victim 1 and the victim 3, who was suffering from murdered by the offender at the scene of the first instance crime in this case, and consistent from the police to the lower court court. From January 26, 1993, around 26:17:30, at around 17:40, the Defendant opened a large door and opened a door to the victim 2’s house before the front of the house from 17:40, and the mother, who opened the front door and entered the house, opened the front door door, flick flick, and glick flick flick flick flick flick flick flick flick fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl, and f fl fl f.

(B) However, the court below rejected the above evidence for the following reasons.

(1) Generally, it is doubtful that the victim was able to believe that he/she had been aware of his/her appearance before his/her memory was given in light of the limit of human memory. ② The victim 2 appeared to threaten the victim on the floor of the house with his/her mother, and covered the victim 2 by marbing him/her. The victim 1 was 120,000 won under the lower court's name and was 120,000 won of the victim's name. It was hard to see that the victim was 20,000 won of the victim's face at the time of the crime and 3 months after his/her appearance, and it was hard to see that the victim was 10,000 won of the victim's face at the time of the crime, and it was hard to see that the victim was 120,000 won of the victim's face at the time of his/her initial appearance, and it was hard to see that the victim was 10,000 won of the victim's face.

(2) With respect to seized yellow marsens(No. 14)

(A) The main text of this Act was collected and seized from the large floor of the scene of the crime of the first-class 1, by the police officer Kim Tae-tae, and it stated that "956-2031 mobile boxes" are the same as the penology of the defendant's pen, the defendant's pen, the penology of the "Seoul Northern-gu 2, 168-4 mobile boxes" written on the face of the second-class cashier's cashier's checks, which are written on the face of the second-class driver's checks (the investigation record 139 to 145 pages).

(B) However, the court below rejected this machine and appraiser and appraisal results for the following reasons.

(1) In the first instance court and the police room, the victim 2 stated the same page as the victim's family's second instance court's "explosive statement" on the same page as the victim's second instance court's "explosive statement" or "explic statement on the same page as the victim's family's second instance and the fiveth floor," and that the advertisement was placed on the front of the building's entrance, and the victim 1 entered the front door, and thus, it would be likely that the defendant would have caused the same page's removal. However, the victim's statement on the same page as the victim's second instance court's "explic statement on the front of the building's second instance court's second instance and the second instance court's second instance court's "explicial statement on the front of the victim's second instance court's second instance court's second instance and the second instance court's second instance court's ruling on the admissibility of the evidence of each victim's fingerprint and the second instance's ruling.

(3) The court below rejected all the above evidence and other indirect evidence as to the first offense. On the other hand, according to the victim 2's statements at the court below, the first instance court, the police, and the statements at the police of the non-indicted 1, the father of the victim 2 from March 3, 1958 to 3 married with the non-indicted 2 on March 17, 1970, but married with the non-indicted 3 on September 17, 1970, it is difficult to find out the fact that the victim's property transfer and the non-indicted 1's statement on February 26, 1973 between the victim 1 and the non-indicted 4, who was married with the non-indicted 1 and the defendant 1's statement on March 29, 1974, it is difficult to conclude that the victim's property transfer and the non-indicted 1's property transfer of the victim's property transfer among the non-indicted 1 and the defendant 2's statement on March 1, 1971.

C. On the second offense, the lower court: (a) accepted each statement at the first instance court or the prosecution of the first instance court; (b) the statement at the police station; (c) the statement at this time; (d) the copy of the cashier’s checks; and (e) the image of the screen on which the Defendant was seized (No. 266 or 299); and (d) five copies of the cashier’s checks (No. 12,21,22) at the time of the Defendant’s request for the issuance of the said checks at the 5th office of the first instance court to the 4th office of the first instance court; (e) the Defendant’s statement at the 1st office of the first instance court to the 5th office of the prosecution; (e) the Defendant’s statement at the 1st office of the first instance court to the 5th office of the first instance court; and (e) the Defendant’s statement at the 1st office of the 5th office of the first instance court to the 1st office of the first instance; (f) the 4th office of the victim’s.

(2) The reasons for the lower court’s determination that there was no proof of the second offense are as follows.

① 앞에서 본 바와 같은 이유로 이 사건에 있어서 사실인정을 위한 증거의 취사선택을 보다 신중하게 하는 경우, 수표 이면 기재의 필적이 피고인의 필적과 동일하다는 감정서의 기재는 위와 같이 강도살인 범행시각과 수표교환 시각이 얼마 차이가 나지 아니하고, 피고인의 주소지에서 농협 북대구지점까지의 거리가 매우 가까운 점 등을 종합하더라도, 피고인이 강도살인 범행의 장물을 취득하였다는 사실에 관한 증거는 될 수 있을지언정 이로써 바로 피고인이 수표를 강취한 강도살인 범행의 범인임을 인정할 증거로는 부족하다 할 것이고, ② 나아가 감정서(수사기록 128면 이하)의 기재를 살펴보면, 감정인 김상현, 진명수는 전체적인 문자의 구성과 배자 필의 방향과 각도, 필획간의 간격, 필순에 의한 운필순서와 운필상태를 검사하고, 기필부분과 종필부분 처리의 특성, 직선과 곡선, 숙련과 미숙련 상태, 자음과 모음의 구성, 개인 고유의 희소성과 그 특징 및 잠재습성, 자체 내에서의 변화상태 등을 주시검사하여 자기앞수표 2매의 이면에 기재된 필적에서 일관성 있게 관찰되는 특징점을 기준으로 피고인의 필적과 비교분석한 후 전체적인 문서의 구성과 배자 자획의 위치와 각도, 기필점과 종필처리부분, 곡획과 굴곡형태 등에서 공통점이 있고, 자음과 모음이 연결되는 접필상태, 필의 방향과 필순, 특히 "다", "삥", "가"의 구성과 숫자 "8"의 구성, "이"자와 "동우"자간의 간격 등 개인고유의 희소성 있는 잠재습성에서 공통점이 있다고 감정하여 공통된 특징부분을 주선으로 표시하였으나, 그러나 수표 2매의 이면에 기재된 글자 및 숫자수는 수표 1매당 14자 합계 28자에 불과하여 그 필적에 공통된 특징이 발견된다고 하여 그것이 반드시 일관성 있는 특징점이라고 단정하여 바로 피고인의 필적과 비교분석하여 감정결론을 도출할 수 있는지는 의문이고, 더구나 일반적으로 범인이 수표를 강취하여 금융기관에 교환을 의뢰하는 경우에는 의도적으로 자신의 고유한 필적이 아닌 변체필적으로 기재하였을 가능성이 상당히 많다고 예상할 수 있는데, 범인이 이와 같이 변체필적으로 수표 이면에 기재한 경우를 상정하면, 몇가지 부분에 공통된 특징이 발견되었다고 하여 그것이 일관성 있는 필적이라고 단정하기는 더욱 어렵다고 하지 않을 수 없으므로 수표 2매 이면의 필적과 피고인의 필적이 동일하다는 감정서의 기재도 피고인이 범인이라고 단정할 증거로 삼기는 어렵다.

(3) The court below rejected the above indirect evidence and other indirect evidence as to the second offense. On the other hand, it states that the defendant is highly likely to not be the criminal of the second offense in the following respect.

(A) It is difficult to find out any special reason for the Defendant to commit robbery while murdering the victim 4 of the second-class crime with a considerable face-to-face type. The Defendant was an employee of the Korea Automobile Safety Management Agency after release. At the time of the instant crime, Nonindicted 6’s attempt to engage in light of the shape of the Defendant’s blood and body, while receiving remuneration of KRW 800,000 and KRW 900,000,000 per month and making mixed consumption, and there is no obvious circumstance to deem that the Defendant committed robbery due to lack of money. It is difficult to find that the body of the victim 4 immediately after the second-class crime was her chest, and that the body of the victim 4 was cut down in a knife, and that the panty and the knife was found to have been cut down until the knife, and that there was no possibility that the Defendant’s blood-type and the knife type were found as a result of the instant crime.

(B) Although the Defendant uses the left hand which is used only on the ground of meal and writing, it is unlikely that the Defendant is the Defendant on the screen that the Defendant gets a flag with the left hand, unlike the showle that the Defendant gets on the screen of closed-circuit video tapes taken at the time of exchange in cash, and the Defendant gets a flag with the left hand. Therefore, it is unlikely that he is the Defendant on the screen.

D. As to other indirect evidence, the court below held that the offender used both left hand and knife at 7 times, and the first knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

3. Judgment on the grounds of appeal

A. The probative value of evidence is left to a judge’s free judgment, but such judgment should be consistent with logical and empirical rules, and the degree of the formation of a conviction to find a criminal defendant guilty in a criminal trial should be such that there is no reasonable doubt. However, it is not necessary to demand that all possible suspicions that are unreasonable be excluded. The rejection of evidence that is recognized as probative value goes beyond the bounds of the principle of free evaluation of evidence is impermissible.

In addition, criminal facts should not be proved only by direct evidence, but can be proved by indirect evidence as long as it is consistent with logical and empirical rules.

From this point of view, the judgment of the court below is hard to accept for the following reasons.

B. According to the records, the victim 2 did not have a suspect who is suspected of being an offender immediately after the first crime. The victim 2 first appeared to have been a victim's mother, her head was 1 followed again, her stairs was put up again, and then she did not have any money in this room" between the victim 1 and the victim 2. The victim 2 was 120,000 won at the lower court's 20,000 won. Then, the victim 1 did not have any money in this room. The victim was 3rd of the victim's life at the lower court's 4th,000 won, and 1st of the victim's 2th,000 won, and 2th of the victim's first statement at the time of the crime. The victim was 3rd of the witness's 4th,000 won, and 1st of the victim's first statement at the time of the crime.

As such, even though the court below clearly states the witness in the absence of clear suspect 2, the situation at the time of witness, the distance from the criminal at the time of witness, and the appearance of the criminal, the defendant's appearance was 0.3 degrees at the time of committing the crime. The defendant's appearance was 18 years old and 3 years old, and her mother and her mother were faced with extreme fear, and it was short of the time to witness the criminal, and the possibility that the victim 2 did not accurately see the criminal solely on the ground that 3 months have passed from the time of witness cannot be ruled out. Further, the court below's decision that the defendant's attitude taken in the first process of confirming the defendant at the police, or that there was a difference between the defendant's appearance and the defendant's appearance at the court below and the defendant's appearance was somewhat different from the defendant's appearance at the court below's decision, and thus, it cannot be ruled out that the defendant's appearance did not coincide with the defendant's appearance.

This is because, in light of the situation of the first-class crime, it cannot be said that the time when the victim 2 appeared to have shorter time when the victim 2 appeared to have observed the offender, and even though the victim was a person living without using 0.3 or peace and living together, he had been present two times before committing a crime at the nearest distance of 1m or 5m prior to committing a crime, and there was a voice in inducing the offender's behavior during the crime, unless there are exceptional circumstances that cause mistake, it is doubtful that it is difficult for the victim 2 to point out that there is a possibility of mistake because the victim 2 is not proper to regard the offender, and there is no possibility that the victim 2 made a statement about the difference between the defendant's appearance and the defendant's appearance at the time of questioning after the arrest of the defendant, and it cannot be viewed that the head of the victim's statement is true and careful, and it is not suspected for a long period of time since the defendant's statement was made after the arrest of the defendant.

It is true that the victim 2 made a statement that the main sentence is doubtful before 6-7 years prior to the occurrence of the case with respect to the dispute between the victim's family members after the occurrence of the case, but this is the statement in the initial stage of the investigation without the suspect, and it is said that the actual part of the punishment is completely different from the criminal after the face of the two-dimensional sentence. Thus, the victim 2's statement shall not be rejected on such

C. The court below rejected the appraisal result, such as appraiser Kim Jong-sung, on the ground that there is no evidence to acknowledge that the person who entered the name in one copy of the yellow mermo book collected at the first place of crime is a criminal cannot be used as evidence of guilt, and on the other hand, the appraisal result, such as appraiser Kim Jong-sik, cannot be used as evidence of guilt, on the ground that the statement in the pen is written by the criminal.

The appraisal that the penology and the check are the same as the Defendant’s penology is merely highly probable, and it can not be readily concluded simply on the same basis. However, considering the contents of the appraisal document as the contents of the appraiser’s statement and the appraisal result that the penology and the Defendant’s penology are identical, it can be somewhat different depending on the difference in penology. In this case, even if the same person’s penology, it may be somewhat different from the victim’s penology. Thus, without taking such measures, it can be said that there was a question about the result of appraisal, the offender should be asked by the appraiser or another appraiser to make an appraisal again, but it cannot be ruled out that there was no possibility that the victim could not be removed from the victim’s face-to-face list on the ground that there was no doubt about the result of the expert’s face-to-face transfer without considering the specific characteristics of the enemy’s face value, and that there was no possibility that the victim could not be removed from the victim’s face-to-face list on the ground that it was not related to the victim’s face value.

D. The court below held that the defendant's left hand, but the defendant cannot be concluded to be the defendant on the screen because he changed from the screen of the closed-circuit video tape to ordinary knife the left hand, but on the screen, the male flag is a structure that covers the right side of the flag. The male flag is a structure that covers the flag at the time of the above screen. However, if this structure is occupied by this structure, even if it is left hand, it is more natural to catch the flag by the left hand and the knife by the knife by the knife. Thus, it cannot be said that it is reasonable to suspect that the defendant's knife the knife in the closed-circuit video tape and knife the knife by the knife knife.

E. The court below further alleged that the victim's body was found and that the victim's body was sprinked with a third party other than the defendant as a result of blood type and gene analysis of the victim's quality, and the victim's body was sprinked with a third party other than the defendant. However, according to the image of the victim's body attached to the de facto investigation report (in the investigation record, 34 pages), the victim's body was moved from the front knife to the knife and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

F. Ultimately, the defendant's statement of the victim 2 who is an offender of the first-class criminal act and the written appraisal result of the second-class criminal act such as appraiser Kim Jong-sung, etc. belonging to the National Institute of Scientific Investigation shall be deemed to be reliable unless there are special circumstances. Furthermore, if the first-class criminal act and second-class criminal act can be deemed to have been committed by the same person by integrating these evidence and other indirect evidence, the facts charged in this case against the defendant shall be deemed to fall under the case where there is evidence of crime. However, the court below found the defendant not guilty on the ground that it is insufficient to recognize the facts charged on the grounds that it cannot be ruled out that the credibility of evidence is denied or that the second-class criminal act cannot be ruled out for the reason that there is a lack of evidence to prove the possibility of a disguised murder, which is in violation of the rules of evidence or a failure to exhaust all deliberation, and it is reasonable to point this out

4. Therefore, the lower judgment is reversed, and the case is remanded to the Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-soo (Presiding Justice)