(영문) 광주고등법원 제주재판부 2020.7.8.선고 2019노76 판결

The lower court denied all the admissibility of Cheongba, Cheongba, U.S. fibers detected at Cheongbaba, and its analysis data (hereinafter collectively referred to as “Cheongbaba-related evidence”), on the ground of the illegality in the search and seizure procedure regarding Defendant’s Cheongbababababababa, but even if it appears that the judgment by the police officer in charge of search and seizure was inappropriate at the present time, unless the judgment was conducted with the intent to circumvent due process and warrant principles or to avoid the court’s control, the admissibility of evidence as an exception to exclusion of admissibility of evidence should be recognized.

B. As to the assertion that the part of sugars suffered by the victim is admissible as evidence

There are three points that the animal hair and its shape and color of the victim among the animal hair discovered at the lower seat floor of the taxi operated by the defendant (hereinafter referred to as the "taxies of this case"), and there is no problem that the animal hair of this case has a unique structure and form different from the general micro-made fibres in essence similar to those of the general micro-made fiber.

C. Claims in respect of non-spawn evidence of the victim and the defendant's clothes

In light of the fact that a large number of micro-made fibress are discovered in the parts of the victim's body, flag and bags, etc. (in particular, the right shoulder and the right knee of the victim who was not exposed to the outside) of the victim's body, flag, and kne, a large number of micro-made fibress suffered by the defendant are discovered in the cab of this case (in particular, driver's seat), it is inevitable that the defendant and the victim

D. The assertion that CCTV regarding the defendant's moving routes is related to the value of evidence

In line with the Defendant’s moving path, which is the premise of the instant facts charged, there was a result of the appraisal that the vehicle taken in CCTV installed in D is similar to a white NF Engine with the same caps, etc. installed in the instant taxi. Since the type of the vehicle appearing in CCTV around around 04:04 when the victim’s cell phone ends, the type of the vehicle located in CCTV installed in E has a result of the appraisal that the type of the vehicle is NF rocketing. Such CCTV images may be sufficiently recognized as the main circumstantial evidence supporting the Defendant’s being the instant offender. On the other hand, the moving path of the opposite direction (FF School ? G 2) by the lower court is inconsistent with the point at which the CCTV images and the victim’s cell phone end.

E. Sub-committee

In full view of the evidence, such as animal hair and CCTV images, which can prove the mutual contact between the defendant and the victim at the time, the court below erred by misapprehending the legal principles and adversely affecting the conclusion of the judgment, even if the facts charged in this case are found guilty, and by misapprehending the legal principles.

2. Summary of the facts charged

The Defendant, as a taxi driver of the Ha in Jeju-si, was a person who drives a white NF Hasta taxi installed with the closure of the J Nos. 1 attached to the above Ha, and the victim K (n, 26 years old as of February 1, 2009) was a person who was on board the said taxi as a passenger of the said taxi.

On February 1, 2009, at around 03:08, the Defendant boarded the victim into the taxi near the L apartment near the Jeju-si, and drive the vehicle into the Mari-ri-ri-si in Jeju-si, which is the victim's residence, and operated the said taxi to the G neighboring roads located in the Nri-ri-ri-ri in the victim's residence, around 03:45 the same day.

The Defendant, around that time, tried to rape the victim by drinking the victim to rape on the road, off the clothes of the victim, and attempted to rape the victim. However, the victim strokeedly, when the victim strokes the victim, stroke the victim’s stroke, killed the victim’s stroke by light pressure, and laid the victim’s body into a drainage way near the G.

Accordingly, although the defendant tried to rape the victim, he attempted to murder the victim in the course of attempted rape due to the victim's resistance.

3. Determination on the admissibility of evidence related to hearing and hearing

A. The judgment of the court below

In light of the above principles and the Criminal Procedure Act, the lower court: (a) did not comply with the lawful procedures prepared to guarantee fundamental human rights; (b) did not constitute a violation of due process; (c) did not constitute a violation of the substantive provision of due process; and (d) did not appear to exclude admissibility of such evidence; and (e) did not constitute an exceptional case in which it would result in a violation of the principles of due process and substantive truth investigation and the purport of criminal justice; and (e) did not appear to have been issued by a judge of the Criminal Procedure Act, even if it was found that there was no reason for the search and seizure of the defendant’s place of residence in violation of Article 209Do1401, the lower court determined that the aforementioned provision violated the principles and the warrant requirement of the Criminal Procedure Act, and thus, (e) did not constitute a seizure and seizure warrant of the defendant’s place of residence; and (b) if it was found that there was no time for the police to lawfully obtain the warrant issued by the Jeju Criminal Procedure Act to be seized and seized on the ground that the warrant was issued by the police warrant.

B. The judgment of this Court

1) The prosecutor acknowledges that the seizure procedure against the above Cheongba is unlawful, but asserts to the purport that the admissibility of evidence should be recognized as an exception to the exclusion of admissibility recognized in the judicial precedents.

2) Relevant legal principles

Even in cases where evidence is collected in violation of the procedures prescribed by the Constitution and the Criminal Procedure Act, even if all circumstances related to a procedural violation committed by an investigative agency during the process of collecting evidence do not constitute a case where a procedural violation by an investigative agency infringes on the substantive substance of due process, and rather, where the Constitution and the Criminal Procedure Act are deemed exceptional cases where the exclusion of admissibility of evidence is deemed to bring about a result contrary to the purport of promoting harmony between the principle of due process and the substantial truth-finding and realizing justice through the formulation of procedural provisions regarding criminal procedure, the court may use the evidence as evidence for conviction (see, e.g., Supreme Court en banc Decision 2007Do3061, Nov. 1, 2007). However, as such exceptional cases may result in damage to the aforementioned principle, the court must pay attention not to cause damage to the principle in the process of determining whether a specific case constitutes an exceptional case. Furthermore, despite the fact that an investigative agency’s violation may constitute exceptional cases where a prosecutor can use the collected evidence as evidence (see, e.g., Supreme Court Decision 2008).

3) Specific determination

A) Whether the seizure procedure against the above Cheongba is lawful

In full view of the facts as revealed by the court below, including ① search of the defendant’s residence without a warrant of search and seizure issued by a judge even if there is no urgent reason not to obtain a warrant, ② search of the defendant’s residence without the warrant of search and seizure, ② the defendant’s right to participate in the seizure procedure is not guaranteed, ③ the defendant’s list of seizure is not issued, and ③ the above warrant of search and seizure constitutes illegal seizure conducted in violation of the Constitution and the Criminal Procedure Act without the warrant of search

B) Whether to admit the admissibility of illegal seizure and subsequent evidence related thereto

① The above search and seizure procedures are in violation of the provisions of the Constitution and the Criminal Procedure Act. ② Even after the search and seizure warrant was issued, an investigation agency may voluntarily avoid the illegality of the above search and seizure procedures, such as issuing a subsequent search and seizure warrant to the defendant even after the above search and seizure warrant was made (this case’s search and seizure was conducted on April 24, 200 after the above search and seizure warrant was issued and based on the search and seizure warrant issued for ‘R building S’ and evidence related to this case’ for the purpose of the search and seizure of the above case’, and it is difficult for the public prosecutor to find that Q2 did not have the right to voluntarily participate in the search and seizure procedures on behalf of the defendant, and even if Q2 was aware that it was not a possessor or keeper of the above Cheongba, it is difficult to view that the above search and seizure procedures were conducted on behalf of the defendant, and that Q2 had no legitimate interest in the search and seizure procedures conducted on July 20, 2018.

4) Sub-committee

As above, not only the above Cheongba collected through illegal seizure without going through due process, but also the above Baba and its analysis data, which correspond to the secondary evidence based on it, shall not be admitted as evidence.

4. Determination as to whether to recognize the facts charged of this case

(a) Death time of the victim;

1) Prosecution's assertion

A victim is presumed to have arrived at around 03:24 on the G drainage route that the Defendant killed and abandoned a victim on the premise that the victim was on board the instant taxi in front of the L apartment at around 03:08 at around February 1, 2009 (hereinafter referred to as “the year indication”), and on the premise that only time is displayed, it is presumed that the victim arrived at around 03:24. In view of the fact that the instant taxi was taken on the T CCTV around 03:46, the victim was anticipated to have arrived at around 03:45, and thus, the victim is presumed to have died between 03:24 and 03:45.

2) The judgment of the court below

Based on the following circumstances, the lower court determined that the possibility of the victim’s death could not be ruled out before 04:04 or before the victim’s cell phone end.

가) 이 사건 재수사 과정에서 피해자의 사망시각과 관련하여 개와 돼지를 이용한 동물실험 및 재감정이 이루어졌는데, U대학교 의과대학 석좌교수 V은, 피해자 사체의 오른손 엄지 중수부 등에 나타난 건조 초기 상태를 고려하면 피해자의 사체가 발견된 시점은 적어도 사망 후 2~3일 이상 경과된 것으로 보이고, 우측 엉덩이 등의 흙먼지 침착 상태로 보면 비가 온 날인 2. 3. 이전에 피해자의 사체가 배수로에 놓여야 했으며, 사체 발견 장소에 나타난 이른바 기화열에 의한 냉장효과로 인하여 사후 24시간이 지나더라도 부검 당시까지 시강이 유지되고 부패가 진행되지 않을 수 있고, 피해자의 가방이 2. 6. 발견될 당시 가방 및 그 내용물이 모두 물에 젖은 상태였으므로, 피해자의 가방이 발견되기 전 비가 내린 마지막 날인 2. 3. 이전에 피해자의 가방이 유기된 것으로 볼 수 있으며, 피해자의 위(胃)에 남아 있던 잔존물이 실종 전날 섭취한 음식물과 동일한 사정 등을 종합해 보면, 피해자의 사망 시점은 2009. 2. 3. 이전으로 보는 것이 합리적이라는 의견을 제시하였고, W대학교 과학수사학과 X 교수와 Y대학교 의과대학 법의 학교실 Z 교수도 V 교수의 의견에 동의하였다.

나) 또한 피해자의 사체 발견 당시 피해자의 혈중알콜농도가 0.141%였는데, 피해자가 실종 직전까지 마신 술의 양에 비추어 보면 음주를 마친 이후 상당한 시간이 경과하기 전에 사망하였다고 보이는 점, 피해자의 위(胃) 내용물은 실종 직전 음식물로서 거의 소화되지 않은 상태였던 점, 피해자의 왼손등과 오른손바닥 등 햇볕에 노출된 부분이 검게 그을린 점 등을 종합하면, 피해자는 실종 시점인 2. 1. 03:08경으로부터 2~3시간 이내에 사망하였을 것으로 추정된다.

3) The judgment of this Court

A) Expert opinion based on 1) animal testing result conducted in the course of the re-investigation of the instant case

(1) V professors

(1) The state of degradation and corruption.

In an experiment conducted on pigs conducted under the conditions similar to the situation at the time of the discovery of the victim (round February 23, 2018, around 06:00 on March 2, 2018) during the experiment period (round March 20, 2018, around 06:0) and the sewage of the victim and the opinion of corruption of the victim can only be observed, and in a long-term (in the case of brain, waste, heart, heart, kidy, and liver), there was no observation that it would be an act of corruption on the surface of the shore or on the ground of the flab.

(2) Whether the workplace temperature of a corpse may be higher than 3.8 degrees than the atmosphere temperature.

The presumption that the body temperature at the time of the autopsy was within 13 degrees of the victim’s workplace temperature at the time of the autopsy and the atmosphere temperature was within 9.2 degrees is within 24 hours based on the time of the autopsy (2.8.13:50 degrees of the victim’s death) appears to have been issued under the presumption that the body temperature from the normal body temperature (36.5 degrees of the victim’s death) was the same as the atmosphere temperature after the body temperature was far away from the normal body temperature (36.5 degrees of the victim’s death), and that the body temperature was the same as the atmosphere temperature. However, in light of the result of the animal testing of this case, the body temperature was 3 days after the date of the death of pigs, and the body temperature was above 4 degrees of the atmosphere and above 4 degrees of the atmosphere (in this case, from February 23 to March 28, 201).

In light of the above results of the experiment, it is determined that the workplace temperature of the victim at the time of the examination of the victim at the time of the examination of the victim is 13 degrees, and the atmosphere temperature is 9.2 degrees, and the time of the victim's death cannot be said to be within 24 hours based on the time of the examination, and even if the victim died on February 1, 200 on the date of the disappearance, which was 7 days after the death of the victim, and even if the atmosphere temperature was discovered on February 8, 200 after the death of the victim, it is possible to measure the workplace temperature at 1

(2) X professor;

The process of determining "the presumption of passage and time after death" is based on the phenomenon of dead body with a wide range of error, so even if various inspection methods are used, it is not possible to predict the passage and time after death.

In other words, the condition of the experiment can not be designed by including all the environment in the field of the case, and the animal experiment in this case is also a part of the test method through several experiments.

Since the fixed phenomenon of the Si team depends on the highest 14-15 hours after the start and the end of the time due to corruption is observed, the opinion of the autopsy that "in light of the fixed phenomenon of the Si team, the passage time after the start shall be presumed to be within 24 hours from the time of discovery, and the time after start shall be presumed to be within 24 hours from the time of discovery" has been interpreted relatively narrowly.

It should be seen that ‘the reverse phenomenon with the external temperature in the workplace of a dead body', which is discovered through the animal testing in this case, is not a general phenomenon, but a possibility of phenomena occurring in a special environment.

In conclusion, it is thought that the probability of the ex post facto progress and time of the examination of the victim in this case is relatively higher than that of 24 hours if it is less than 24 hours.

B) Determination

(1) Possibility that the victim died before 2.3.

In full view of the fact that the form of soil dust that seems to flow part of the body of the victim is confirmed, the victim’s bags were found on February 6, 200, and the content of the bank was milch not only at the time, but also the content of the bank was in the state of sucking. 2. 3. 4. to February 6, 200 in the data from weather observations. At least, the victim’s bank was abandoned before February 3, 200, and the victim’s death before it can be deemed that the victim died and was abandoned into G drainage.

(2) The possibility that the victim died before around 04:04

(A) Whether it is possible to presume the victim's death time due to the result of the animal testing in this case

In light of the following circumstances, it is difficult to readily conclude that the victim died prior to February 1, 2004 solely on the animal testing result of the instant case, in view of the lower court and the evidence duly adopted and investigated by this court or by the following circumstances.

① In order to trust the outcome of scientific experiment, all conditions, other than the variables, should be controlled as the same condition as the situation from the time the victim was abandoned to the time the victim was discovered, except for those which are pigs subject to the instant animal experiment. However, in fact, the temperature (average temperature is similar to August 1, 200 during the animal experiment period of the victim and 7.9 during the animal experiment period, but there is no difference between the highest and lowest temperature and visual temperature, and the strong pressure and quantity related to rain (in the instant animal experiment, there is no difference between the temperature and temperature at the time before the sunset). The victim spread water using the sprink during the period of abandonment, and it is difficult to ascertain whether the quantity and pressure linked to the victim were applied to pigs, and it is difficult to view that the quantity and pressure linked to the victim was equally controlled to the quantity and condition of the food before the death of the victim, and conditions such as blood alcohol concentration are equally controlled.

② Also, since there may be errors in the results of scientific experiments, it is necessary to collect more than a certain quantity of data so as to verify accuracy by comparing the results of experiments. However, since only one-time test results exist, it is difficult to verify the accuracy of the value of the results.

③ Even if the probative value of the result of the animal testing of this case can be acknowledged, it is difficult to view that there exists probative value that can recognize the victim’s death time prior to around 04:04. In other words, the content of the request for animal testing of this case and the main contents of the result are to verify whether the victim, who is the opinion of the autopsy of the victim, died within 24 hours prior to 24 hours prior to 3:50 hours prior to 24 hours prior to 24 hours prior to 3:0, and the appraisal opinion of V and X professor was likely to have died prior to 24 hours prior to 24 hours prior to 3:0.0, the victim’s death was not determined as the result of the animal testing of this case. As the result of 5 professor’s opinion, the time of the death of the swine was conducted within the experiment period, at least once during the experiment period, the degree of the victim’s death could not be determined by comparing the result of the animal testing of this case with the case’s internal death.

(나) 위(胃) 내용물의 상태에 의한 피해자 사망시각의 추정 가능 여부

부검 결과 피해자의 위(胃) 내용물은 피해자가 실종 전에 친구들과의 모임에서 섭취한 음식물과 동일한 것으로 거의 소화가 되지 않은 상태였던 것으로 보이기는 한다. 음식물이 위장관 내에서 소화 및 이동하는 정도와 속도는 음식물의 종류와 상태, 육체적 및 정신적 스트레스 상태에 따라 달라지지만, 위(胃) 내에 음식물이 충만 되어 있고 전혀 소화되지 않은 상태라면 식사 직후, 위 및 십이지장에 음식물이 남아 있고 소화가 어느 정도 진행된 상태라면 식후 약 2~3시간, 위는 비어 있고 십이지장에서 식물의 고형잔사(固形殘査)가 남아 있는 상태라면 식후 약 4~5시간, 위 및 십이지장이 모두 비어 있는 상태라면 식후 6시간 이상으로 추정할 수 있고, 일반적으로 가벼운 식사는 식후 2시간 동안 위(胃) 내에 있고, 보통의 식사는 3~4시간까지 위(胃) 내에 머무르며, 많은 양의 식사는 4~6시간 또는 그 이상까지 위(胃) 내에 머무르게 된다고 알려져 있다.

그러나 위와 같은 위(胃) 내용물에 의한 식후경과시간의 추정은 스트레스가 없는 정상적이고 일반적인 상태를 기준으로 한 것이어서 어떠한 정신적 스트레스가 있을 경우 전혀 소화가 되지 않는 경우도 있는 등 사망 전 육체적, 정신적 상태, 신체 활동의 유형, 음식물의 저작 정도, 질병이나 약물의 영향, 사후 소화 현상 등이 영향을 주는바, 피해자의 사체에서 측정된 혈중알코올농도가 0.141%이고, 위드마크공식에 따라 피해자의 음주 무렵인 02:00경 추산되는 혈중알코올농도는 0.1808~0.2029%에 달하 며(증거기록 별책 제12권 제58쪽), 그때로부터 약 90분 내에는 혈중알코올농도가 상승기에 있었을 것으로 예상되는 점 등에 비추어 보면, 위와 같은 사망 전 피해자의 구체적인 육체적, 정신적 상태가 반영되지 않은 채 부검 당시 피해자의 위(胃) 내용물로 피해자의 사망시각을 추정하는 것은 적절한 방법이라고 보기 어렵다고 할 것이고, 위와 같은 당시 피해자의 혈중알코올농도 상태만을 놓고 보더라도 혈중알코올농도가 피해자의 소화 정도와 속도에 영향을 미쳤을 것으로 보이므로, 피해자의 위(胃) 내용물에서 음식물이 검출되었다고 하더라도 피해자가 마지막 음식 섭취시각인 02:30경으로부터 2~3시간 내에 사망하였다고 단정하기 어렵다.

The lower court determined that the victim’s blood alcohol level was 0.141% at the time the victim’s body was found to have died before the victim was missing, based on the presumption that the victim died before a considerable time had elapsed since drinking was completed, in light of the volume of drinking, and that the victim could be presumed to have died before the victim’s death at around 04:04. However, in light of the victim’s investigation report on the victim’s death time (see, e.g., overall determination at the time of the victim’s death, 11:5 hours through evidence records, and 263 pages of evidence records) and the blood alcohol level confirmed at the victim’s body, etc., the victim may be presumed to have died before the lapse of about 5:30 hours at the end of the last drinking, and thus, the victim may be deemed to have died before the lapse of about 07:30 days at the latest, and the victim’s blood alcohol concentration is difficult to readily conclude that the victim died at around 04:00.

(D) Whether the presumption of death time related to the victim's mobile phone termination time is accurate

In light of the Defendant’s operational route and operational time, the prosecutor presumed that the Defendant had time to commit a crime between 03:24 and 03:45, and that the victim’s mobile phone appears to have been forced to terminate by the Defendant, and that the victim’s mobile phone was terminated at around 04:04.04, and there was no details of the victim’s receipt and receipt of the victim’s mobile phone call and text message after 04:04, and that the Defendant appears to have been forced to complete the victim’s mobile phone during the course of killing and abandoning the victim and escaping (i.e., the victim’s mobile phone appears to have died before the victim’s cell phone is terminated). The victim is presumed to have died between 04:04 and 03:45.

The prosecutor and the lower court appears to have determined that the victim’s cell phone was at 04:04 when the victim’s cell phone was terminated on the basis of the victim’s investigation report (the victim’s voluntary OF date, No. 2,747 pages). However, even if the victim’s cell phone was at 10 years, the victim’s cell phone was at 20 years, and the victim’s cell phone was at 10 years, and the victim’s cell phone was at 4 times, and the victim’s cell phone was at 10 years, and the victim’s cell phone was at 10 years, and the victim’s cell phone was at 20 years, and the victim’s cell phone was at 10 years, and the victim’s cell phone was at 20 years, and the victim’s cell phone was at 10 years, and the victim’s cell phone was at 10 years, and the victim’s cell phone was at 10 years, and the victim’s cell phone was at 20 years, and it was still at 9 years.

On the other hand, in order to terminate all of the victim's mobile phone (mpher 700 type), the prosecutor classifys the victim's mobile phone into three seconds. The victim's mobile phone divided the victim's cell phone into three seconds, and it is physically impossible for the police officer to terminate the whole, and the victim's first investigation into the victim's mobile phone was taken out, but it cannot be deemed that the whole part of the victim's mobile phone was terminated by the victim's cell phone. However, it is presumed that the victim's mobile phone was forced to be terminated by the defendant, not by the police officer, but by the police officer, even if the victim's cell phone was found to have been finished by the victim's cell phone, the victim's cell phone was found to have been terminated by the victim's cell phone, but it is not possible that the victim's cell phone was closed by the victim's first investigation into the victim's cell phone, but it was not possible that the victim's cell phone was closed by the victim's 10th day of the statement.

(e) Sub-committee

The following circumstances are insufficient to readily conclude that the victim died before around 04:04, on the left hand, etc. of the victim's corpse and the part exposed to sunbeams, and that the defendant had time to commit a crime between 03:24 and 03:45 (this premise that the defendant 03:08 boarded the victim into a taxi, but it is difficult to recognize the premise as follows, and the evidence submitted by the prosecutor alone is insufficient to readily conclude that the victim died before 04:04, and the possibility of the victim's death thereafter remains sufficiently.

B. Determination as to whether the Defendant was driving the victim on board

1) Whether the victim was aboard the taxi of this case

A) The judgment of the court below

In light of the following circumstances, the lower court determined that it is difficult to readily conclude that the cab of this case was immediately on board the instant taxi due to the termination of the phone call that the victim was 114 around 03:08, and that the possibility that a third party, other than the Defendant, was on board the vehicle or taxi operated after around 03:08 cannot be ruled out.

① According to the country and water appraisal results, the textile found as similar to the clothes worn by the Defendant, among the fibers detected by the victim’s body, shall be 's live color fiber'. The rest of the fiber is not only the Defendant, but also the victim’s clothes. The live color fiber cannot be readily concluded that the live color fiber was stuffed in the Jinch South, which was suffered by the Defendant due to its nature, and even according to the above appraisal result, it is difficult to avoid contact with the third party who suffered from the clothes composed of Jinch Plue, Jinish typ, Jinchyl, and red fiber, etc. before the victim died.

② At around 03:00 on July 12, 200, after a victim’s bank was discovered, a personal taxi engineer reported to the police that a female passenger was placed in front of AM childcare center located in the vicinity of AM childcare center on July 1, 200, at around 03:0, at the entrance of AL apartment. In full view of the circumstances such as: (a) the fact that a female passenger informed by AK was 20 women in the shape of head similar to a victim in the forepart of the missing person; and (b) the fact that around 03:12 on February 1, 2009, at the front of the NN childcare center that a passenger was deprived of about 10 seconds, a taxi was taken in CCTV installed in the above N childcare center; (c) the distance from L apartment to N childcare center was about 3§¯ and at least 10 minutes in operation hours at the 10-day distance from AM apartment; (d) the female passenger’s 20-day female passenger taxi could not be concluded to be concluded.

B) The judgment of this Court

In light of the following circumstances as indicated in the lower judgment, it is difficult to readily conclude that the victim was on board the instant taxi at around 03:08, in view of the following circumstances acknowledged or known by the lower court and the evidence duly adopted and examined by this court.

(1) Possibility that the victim was on board a general taxi other than call-si

The victim, from January 31, 2008 to January 19, 2009, when moving from a late-time or a new wall to a late-round or a new wall, he used AP taxi mainly, and made two times or more to a APcccol taxi even before the disappearance on February 1, 200; the victim was under the influence of alcohol; the victim was under the influence of alcohol; the victim was under the influence of alcohol and was under the influence of 15 kilometers from the L apartment to the Mari; the victim was under the influence of alcohol, and the victim was under the influence of alcohol, and the victim was under the influence of alcohol, and was under the influence of alcohol while diving and was under the influence of alcohol in the vicinity of the public playground, and was under the experience in the vicinity of the public playground. In light of the above, if the victim tried to move the taxi to a house at the time, there is a high possibility that he would have used the taxi to a general taxi.

(2) Possibility that the victim was on board the instant taxi around 03:08

If the victim tried to use a taxi as seen earlier, it is highly likely that the victim would have used a call of 3 A:0 if the victim was 0:0 :07, but the victim was 3:00 :0 :0 :00 : 3,000 :0 :0 :0 :0 :00 : 3,000 :0 :0 : 3,000 :0 :3,000 : 4,000 :0 :3,000 : 4,000 :0,000 : 7,000 :1,000 : 3,000 : 4,000 :0,000 : 7,000 : 3,000 :0,000 : 1,000 : 1,000 : 3,000 : 3,000 :

A person shall be appointed.

(ii) the probative value of an appraisal document on non-sub-sub-sub-subvened evidence;

A) The judgment of the court below

The lower court determined that it cannot be readily concluded that there was a physical contact between the Defendant and the victim on the part of the victim on the ground that the victim’s body and the instant taxi were found to have been each discovered in the taxi and the analysis data thereof.

① The appraisal of the country and the non-subsected fiber was conducted by comparing and analyzing whether the body of the victim or all the fiberss in the war tape for the instant taxi are in conformity with the fiber designated by the investigation agency (so-called 'the Mata-ran Textiles'). If, even if the fiber similar to the Mata-ran was detected in the body of the instant taxi or the victim, such circumstance alone cannot be readily concluded that the Defendant and the victim had been in contact. However, according to the statement of the witness AU of the lower court, it is difficult to readily conclude that the lusect, which was detected in the body of the victim, was in mass production, and that the lus fiber fiber was stuffed in the same color as that of the Defendant, even if the fiber was detected in mass production.

In the same context, according to the country's results of appraisal and examination, the fiber, which appears to be similar to the fiber, which constitutes the defendant's clothes, from among the fibers detected in the victim's body, is the only 's lush lush fiber'. The lush lush fiber is difficult to determine whether the lush fiber is the same as the fiber that forms the defendant's clothes because the lush fiber is not specified by natural fiber, and there may be more cases where the lush fiber exists with the same lush. Thus, it cannot be readily concluded that the lush fiber detected from the victim's body is the same as the lush lush fiber that forms the defendant's clothes, solely because it is similar to the lush lush fiber.

Furthermore, other diverse fiberss that do not constitute the clothes of the defendant in the transferred tape for the body of the victim were detected, which do not constitute the clothes of the victim, and these circumstances suggest that it is possible for the victim to have contacted with the body of the third party who suffered the clothes composed of the victim, not the defendant.

② As a result of the appraisal with the country and water, there was detection of a fiber similar to the string, driver’s seat, chief, and back strings of the instant taxi, which constitutes the spawn which constituted the spawn suffered by the victim. As such, as the spawn fiber, as in the above spawn fiber, it is inappropriate that the spawn fiber was also regarded as the string fiber fiber in order to determine whether the spawn had a large number of clothes similar to color and thus, it cannot be deemed that the spawn fiber found inside the instant taxi is the same as the spawn fiber that was s

③ According to the results of the appraisal as to the analysis of non-stoves and non-stoves as above, the fact that non-stoves similar to those of the defendant's body were discovered in the body of the victim, or that non-stoves similar to those of the victim's clothes in the cab of this case were detected in the cab of this case. However, the appraisal of non-stoves does not mean that the appraiser (AU, AV) itself means that "the detection of similar fibers is not the same." Since the cab used from time to time by many passengers, it is non-specific. Since it is a cab used for business from time to time by many passengers, it is difficult to conclude that the non-stoves found in the cab of this case are the same as that of the body of the victim of this case, and if the above appraisal results are trusted, it would result in the conclusion that the victim was on board not only the back seat of the defendant's vehicle, but also the chief and the between the string.

B) The judgment of this Court

In light of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by this court, it is difficult to readily conclude that the victim was on board the instant taxi, as the fiber discovered from the body of the victim was stuffed in the clothes where the victim suffered or the fiber discovered from the instant taxi was stuffed in the clothes where the victim suffered, and that there was a physical contact between the victim and the victim.

① If, as mentioned in the grounds of appeal, the prosecutor accounts for a higher portion of the victim’s clothes found in the taxi of this case compared to other fibers, it appears that the victim and the defendant could be proven that there was physical fighting, and that there was a mutual contact between the victim and the defendant. Up to this time, the evidence submitted by the prosecutor alone up to this court accounts for a higher portion of the victim’s clothes among the 73 kinds of fibers discovered in the killed tape of this case, and it is insufficient to recognize that the fiber discovered in the taxi of this case is the same as the victim’s stuff, and there is no other evidence to prove otherwise.

② The victim saw the two clothes of the Defendant’s body, and the shoulder of the victim appears to have never been exposed to the outside. If the victim’s body was found to have a lush fiber such as stuffed in the south of the Defendant’s body at the time, the victim’s lusium would rather lead to suspicion that the lusium would not be stuffed from the clothes of the Defendant.

③ In the Cheongju District Court Decision 2010Ma245, 2011Ma25 (Joint) cited by the prosecutor to support the argument as to the probative value of the non-explosive fiber, there are parts of the judgment that "the Cheongju District Court Decision 2010Mo245, 201Mo25 (Joint) found in the victim's surface that the quantity of the fibers of the Defendant's lower body is scientificly similar to that of the victim's lower body, taking into account the characteristics of the non-equal natural fiber that the degree of chropim color was found, and the fiber found in the victim's surface in light of the characteristics of the non-equal natural fiber, so it may be deemed that the victim's lower body and the lower body of the Defendant are in contact with each other." However, in the above judgment, there is no sufficient evidence to prove that the defendant's body was not sufficient to prove the credibility of the victim's body's injury caused by indecent act by force, and thus, there is no evidence that the above evidence was no direct evidence of the victim's body.

(iii) the probative value of the appraisal of animal hair evidence;

A) The judgment of the court below

Based on the following circumstances, the lower court determined that the victim was unable to readily conclude that there was a physical contact between the Defendant and the victim on the sole ground that animal hair similar to the victim’s hair was discovered from the tamp and the sponser floor of the instant taxi.

① According to the country’s appraisal around 2009 and the result of the appraisal, one animal hair similar to the victim’s hairs of the spacker spacker, which was found in the tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s tacker’s macker’s tacker’s tacker’s macker’s tacker’s macker’s tacker’s tacker’s tacker’s tacker’s tack

② The facts charged of the instant case are premised on the fact that a series of crimes was committed on a nearby road via G drainage. If the Defendant committed the instant crime in G neighboring areas, it is difficult to find reasonable grounds to move the victim on the back seat to a ridge. As a result, the result of appraisal that animal hair similar to the son’s son’s son’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

③ In around 2018, both countries and water appraisal revealed that there were three animal hairs similar to the animal hair in the part of the tamper and the sponser where the victim suffered from the tamper of the instant taxi. However, the number of animal hair found so that it is extremely difficult to conduct a genetic test necessary to determine the identity of the animal hair. The identity of the animal hair discovered as above can be somewhat different depending on the parts where the growth speed of the animal hair is different and the animal hair is created. As such, it is difficult to deem that the animal hair discovered inside the instant taxi is the same as the animal hair of the spacker where the victim suffered.

B) The judgment of this Court

Examining the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by this court, the following circumstances are difficult to readily conclude that: (a) animal hair discovered from the tamper and the rear seat of the instant taxi is similar to the animal hair in the part of the stringer where the victim was suffering; (b) at the time the said animal hair discovered from the instant taxi was stuffed in the part of the stringer where the victim was suffering; (c) the victim was aboard the instant taxi; and (d) the victim was physically contacted with the Defendant and the victim thereafter.

① With respect to the possibility that animal hair can be discovered at the twit line of the instant taxi, the prosecutor asserts that the animal hair in the part of the sprinker where the victim was placed at the victim’s body contact with the Defendant and the victim was sprinked on the victim’s bank. However, the Defendant’s transfer of the victim’s bank to the twit line to the twit line, thereby deeming the victim’s hair to be unsponsed on the twit line. However, there is no evidence to support that the Defendant transferred the victim’s bank to the twit line, and there is no reasonable ground for transferring the victim’s bank to the twit line. If there is a situation like the Prosecutor’s assertion, it appears that there was a high possibility that the victim’s hair might be found in the twit line rather than the twit line. In the back twit line, the animal hair was not found.

② The witness AU of the lower court stated that, since the e-mail analysis is not expressed in numerical data, it is a subjective appraisal method judged by the experience and knowledge of the appraiser, other results can be read by the appraiser. In addition, in the case of animal hair, it cannot take the spepepe, so it is more restrictive than the analysis of the spepeak because there is no difference between the existence of protepe ingredients and the speak shape.

(3) The details and results of additional appraisal of the part of the spioner’s spioners suffered by the victim by this Court shall be as follows:

1. 감정 대상물○ 피해자가 입고 있던 무스탕 점퍼(증 제1호)의 목 부분을 구성하고 있는 각 동물털은 연한 갈색부터 진한 갈색, 검은색 색깔이 혼합되어 있고, 길이와 굵기가 다양하다.○ 피고인이 운행한 차량을 전사한 테이프(증 제2호)에서는 위 무스탕의 목 부분에 부착된동물털과 형상이 유사한 동물털 2점이 검출되었다.2. 감정 방법○ 위 무스탕 목 부분의 동물털 중 15곳의 지점에서 굵은 털과 가는 털 1점씩을 임의로 채취하여 전자현미경과 편광현미경으로 관찰하였다.3. 전자현미경 형상 비교시험○ 증 제1호에서 채취한 굵은 털에서는 큐티클 층이 물결현상으로 보이는 3가지 유형(유형1~3)이 관찰되었고(다만, 같은 굵은 털 내에서 위 유형들이 혼재되어 나타나기도 하였다), 가는 털에서는 큐티클 층이 겹겹이 비늘현상으로 배열되는 7가지 유형(유형 4~10)이 관찰되었다(다만, 같은 가는 털 내에서 유형 4~1000 혼재되어 나타나기도 하였다).○ 층 제2호에서 발견된 동물털 2점은 증 제1호의 목 부분에 부착된 동물털의 유형 중 유형 4, 10과 각 유사하다.4. 편광현미경 형상 비교시험○ 층 제1호에서 채취한 굵은 털에서는 여러겹의 알알이 배열된 7가지의 유형(유형 A~G)이관찰되었고(다만, 같은 굵은 털 내에서 위 유형들이 혼재되어 나타나기도 하였다), 가는털에서는 한 줄의 알알이 배열되거나 배열이 없는 등 5가지 유형(유형 H~L)이 관찰되었다(다만, 같은 가는 털 내에서 위 유형들이 혼재되어 나타나기도 하였다).○ 증 제2호에서 발견된 동물털 2점은 증 제1호의 목 부분에 부착된 동물털의 유형 중 유형 F, J와 각 유사하다.5. 참고사항 증 제1호 무스탕의 목 부분 동물털은 색상이 균일하지 않고, 길이와 굵기가 일정하지 않기 때문에, 증 제2호에서 발견된 동물털은 온전한 형태가 아니므로, 색상, 길이 및 굵기에대한 비교 감정이 불가능하다.

According to the statements of the court below, it is difficult to conclude that two fibers are the same even if the results of analysis of the above luminous shape or clex are identical to those of the above luminous 2 clex. As a result of the above additional appraisal, in order to determine that the animal hair found in the taxi of this case is identical with those of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the slex of the 2 or more.

Therefore, even if the result of the previous appraisal showed the above additional appraisal, it is difficult to readily conclude that the animal hair discovered in the taxi of this case was stuffed in the part of the spuger where the victim suffered.

C. Determination as to the defendant's route of operating a taxi

(i)The probative value of CCTV images

A) The judgment of the court below

The lower court determined that it is difficult to readily conclude that the instant taxi was operated by passing through each of the above points presumed to be the transportation route of the offender solely on the video images and its analysis data of CCTV installed in D, T, E, and AW commercial buildings on the following grounds.

(1) The CCTV images installed in the E and AW shopping mall are very low sea level, and it is difficult to distinguish the type and color of the vehicle shown in the image because part of the body is visible due to the surrounding topographical features, and it is difficult to determine whether the vehicle is the same as the vehicle appearing in the image because the individual characteristics of the vehicle appearing in the image are not read because of the difference between the sea level of CCTV images installed in D and the unique characteristics of the vehicle shown in the image because it is difficult to distinguish the type and color, etc. of the relevant vehicle. From among CCTV images submitted by the prosecutor as evidence, it is difficult to recognize that the vehicle appearing in the CCTV is the same as the vehicle in the instant taxi.

(2) During the instant re-investigation process, the country and the water appraisal revealed that the vehicles displayed in CCTV images installed in E were presumed to be a NF stalthy of a white line. However, this was conducted by comparing two NFstanon-taxies (one of them is a stalth of a white body the same as the instant taxi) with the vehicles displayed in CCTV images, and it is difficult to recognize that the instant taxi passed the relevant point at the relevant point at the time. Such appraisal results are difficult to readily conclude the CCTV images in the lower court court’s court’s judgment that the vehicles displayed in the images are hard to conclude as NFsty or other vehicles, and that can be seen as different types of vehicles, such as the franchise, etc.

(3) Even based on each video analysis report prepared by the National Police Agency criminal analysis officer, CCTV images installed at each of the above points are opened by street trees, etc., and the direction of the vehicle cannot be confirmed as they are taken from the reflectors and remote distance due to the rear light, street lamps, etc., and CCTV images installed in E and AW commercial buildings cannot be analyzed the taxi model, and it is difficult to find out on-and-off whether to cut off or not. Therefore, each of the above CCTV images cannot be read.

(4) As above, the CCTV images and analysis in each of the above points alone are a white NF rocketing taxi, and furthermore, it cannot be readily concluded that the said vehicle is the same as the instant taxi.

B) The judgment of this Court

In light of the degree of identification of vehicles on CCTV installed in each of the above points, sea level, etc., it is difficult to conclude that a vehicle in CCTV image installed in each of the above points is identical to the taxi in this case. In addition, the investigation agency is at least 11 seconds higher than the actual time, and the time of CCTV image installed in Te is at least 13 minutes later than the actual time (No. 142 of the evidence record). The time of CCTV image installed in E is at least 5~6 minutes earlier than the actual time (No. 142 of the evidence record), and the time of CCTV image installed in AW commercial building is at least 11 minutes earlier than the actual time (Evidence No. 3,191 of the evidence record). In fact, it is difficult to conclude that the time of each of the above CCTV image differs from the actual time of each of the above CCTV images, as long as there is no data to verify the difference between the time and the actual time of the investigation report by the investigation agency, the time of each of the above CCTV image appears to be the same at the point in this case.

2) As to the Defendant’s operational route premised on the instant facts charged

A) The judgment of the court below

The lower court determined that the presumption of the Defendant’s operational route, which is the premise of the instant facts charged, could not be ruled out that: (a) the Defendant specified the Defendant as a criminal who operated a taxi that can be recognized as a number-based taxi through the AX vehicle number reading machine; and (b) presumed that the Defendant’s taxi and other vehicles similar to the Defendant’s taxi were taken from before the L apartment to the F School upon the G drainage route in which the victim was discovered; and (c) the Defendant’s taxi and other vehicles similar to the Defendant’s taxi were taken on CCTV; and (d) in light of the following circumstances, the Defendant could not be ruled out that the possibility of murdering the victim by driving the F School in the direction of the F School according to the mid-distance road, which is not one week from the day to day; (b) the victim was killed at a non-school site; and (c) the victim’s cell phone was abandoned to the G drainage route after

(1) As seen earlier, it cannot be confirmed that CCTV- inherited vehicles in each branch presumed to be the Defendant’s operational route are the same as the instant taxi.

② Among 185 taxi engineers, 134 taxi drivers were selected from among the annexed maps of about 14.7 meters in length, the shortest distance. However, other 49 taxi drivers were selected from the following maps of about 15.4 meters in total length (L apartment-D-AY-day roads -Mi). However, other 49 taxi drivers were selected from the following maps of about 15.4 meters in total length (L apartment coast). As such, the route in which the victim would have boarded from the L apartment that he/she would have been expected to board the taxi would inevitably vary depending on the victim’s house, Mari, which is the victim’s house, so it is difficult for the prosecutor to conclude that the victim could not have been under the influence of alcohol even if the victim could not have been under the influence of alcohol from the other taxi. Furthermore, it is difficult for the prosecutor to conclude that the victim could have been under the influence of alcohol from the other taxi even if the victim was under the influence of alcohol.

③ A prosecutor excluded a general vehicle from the vehicle installed in CCTV between 03:30 to 03:56, and then, if a prosecutor gets 40km/h a relatively normal driving speed from among the taxiss, he/she must pass at approximately 03:54 km away from the east to the east, and subsequently, specified a taxi driver who passed the above T as an offender at around 03:46, where the CCTV installed in E is likely to be taken. As seen earlier, the video of CCTV installed in T cannot be deemed as the same taxi as the instant taxi, and there is no evidence to acknowledge otherwise that the prosecutor is the Defendant’s taxi that passed through T at around 03:46.

④ Since it is difficult to readily conclude that a vehicle recorded in the above CCTV was a vehicle operated by an offender, not a vehicle that appeared to pass through T on the CCTV installed at around 03:46, but from the G room, the possibility of getting passengers from the Nuri Village and departing from it cannot be ruled out. Furthermore, there is no reasonable ground to assume that a vehicle, which was recorded in the above CCTV, was merely a road into the Nuri Village and proceeds in E, as the facts charged of the instant case presumed.

⑤ As to the point where the Defendant abandons the victim’s bank, if the Defendant murdered the victim’s bank in the vicinity of the Fschool located on the G drainage road, abandoned the victim’s body, and returned to Jeju City, and completed all of the victim’s cell phone near the F school located on the mountain road, it may immediately abandon the victim’s bank. However, there is no reasonable ground to move the victim into AW shop to abandon the victim’s bank. Furthermore, the taxi presumed to have abandoned the victim’s bank around 10:11 on the CCTV image installed in AW commercial building is confirmed to have only been abandoned before AW commercial. However, it cannot be concluded that the taxi located in the said CCTV image is the instant taxi. Moreover, it is difficult to reasonably explain the victim’s possession of the victim’s belongings in the vicinity of the Fschool school where the victim’s cell phone was terminated, and it is difficult to reasonably explain the victim’s mobile phone for six hours after the Defendant killed the victim and abandoned the victim’s bank.

B) The judgment of this Court

In light of the following circumstances as stated in the holding of the court below, the court below and this court duly adopted and examined the evidence, and there is no evidence on the specific premise of the facts charged of this case or there is a possibility of another family. As such, it is difficult to conclude that the defendant moved to a apartment (03:08 Gyeong), -D (03:09:18, 758)-X vehicle number reading machine (03:14:23, 03:23, 03: 03:24)-M (03: 03:46)-E (03:54)-AW shopping (103:14, 3,191) through the route in the attached instruction, and then abandoned the victim by taking advantage of the following circumstances.

(1) Whether the victim’s time to board the instant taxi can be seen as around 03:08.

Daejeon on the Defendant’s route is 03:08 when the victim was on board the instant taxi. However, as seen earlier, even if the victim was on board the instant taxi, it is difficult to be 03:08 when the victim was on board the instant taxi, and at least 03:09 after around 03:09.

(2) Whether it can be readily determined that the Defendant’s destination was Mate

The facts charged of this case is premised on the premise that the victim was getting on the taxi and going to the destination for Muri. In light of the fact that the victim requested a Mari-off taxi two times or more immediately before the disappearance, the victim may have come to the Mari-face at the time. However, considering the fact that the victim made a call to the AP taxi with the content that Mari-face 02:49, the mother, who was prior to the sobrying of the phone, was self-frying (Evidence No. 1,649, No. 1,649, the evidence record), and the possibility that the victim was boarding another person’s vehicle, such as the son who was not a taxi, it cannot be readily concluded that the victim was toward the Mari-face at the time.

(3) Whether the instant taxi can be seen as passing through 03:09:18 D

The evidence presented by the prosecutor alone is insufficient to recognize that a vehicle taken from the CCTV installed in D is the same vehicle as the instant taxi. From the above point of view, the taxi of this case should immediately start from the L Apartment around 03:08 in order to pass through D. As seen earlier, it is difficult to view that the Defendant proved that the victim was born in front of the L Apartment around 03:08.

(4) Whether the possibility that the vehicle operated by the offender was omitted from the AX vehicle number reading machine can be ruled out.

The investigative agency, on the premise that there is no possibility of any error in AX car number reading machines, and that it is impossible for BB vehicle to take part in the vehicle that passed through, and that there is a possibility of any error in the result of AX car number reading machines, but it seems that there is a possibility of any error in AX car number reading. For example, although the vehicle A has been recorded as passing through AX car number reading machines on January 1, 200, the vehicle owner appears to have not driven the above vehicle at the same time, and the borrower of BA vehicle similar to the above vehicle number No. 1 was unable to memory the above vehicle at the same time. ② AB vehicle was recorded as passing through AX number reading machine on January 1, 203:14, but this was not recognized as a mistake in the vehicle number reading machine (Evidence No. 1,734), ③ AX number reading machine was not passed through the above AX number reading machine, but the vehicle number plate No. 1, 203:209.

Meanwhile, insofar as it is not proved that the taxi of this case passed D in 03:09:18, the fact that the taxi of this case passed the AX number reading machine in 03:14:23 cannot be readily concluded that the defendant was a victim in front of the L apartment around 03:08.

(5) Whether the criminal could exclude the possibility that he/she would use any other route than the route in the attached Form 2

In the grounds of appeal, the prosecutor asserts that, not simply because the two routes are the shortest route, the CCTV analysis results show that ①, ③, ④, or ④ it was impossible to move to the shortest route, and ② the route is specified as the Defendant’s operational route.

Judgment as to the reason that the route of the prosecutor's claim is not the Defendant's operational route

Each investigation report (Evidence No. 2,170 pages, 3,076 pages) prepared by the police, and the CCTV installed on the coast of the container from around 03:08 to around 03:50 on February 1, 2, 300, in four CCTVs installed on the same day from around 03:08 to around 03:50, the defendant is determined to have gone through one week, not on the coast of the container, in order to go through the AX vehicle number reading machine. Therefore, it can be explained that the taxi of this case did not have the route ①, but it is difficult to see that the third party driving the general vehicle did not use the route.

Judgment on the grounds that the three routes alleged by the public prosecutor are not operational routes of the defendant

The above assertion is based on the first ground that, if a taxi passes through the BE located on the route and passes through the apartment, approximately 13 minutes would have been required before the L apartment, considering the moving distance or the speed of the vehicle. If the victim was on a taxi at around 03:08, he would have been over 03:21, while the victim was on a taxi at around 03:08, the CCTV installed in the front of BE would not have been verified from the 03:20 to 03:30, while the victim was on a taxi at around 03:30, the CCTV installed in the front of BE would not have been on the Marith (dong ?) (Evidence No. 6, separate evidence record No. 210, 259). However, this is presumed that the vehicle for use is a taxi and the vehicle for which the victim was on board at least 03:08,000,000 after the passage of the vehicle, and there is no other evidence to conclude that the victim was on the 300,00,00,000.

In addition, the above argument is also based on the analysis results of the analysis of the street lamps, housing and commercial building distribution level of BG road, which is part of the route in the third year of 2010 and BG road, and the street lamps, which are part of the route, are installed only at some intersections, and it cannot be said that the commercial vehicle is suitable for operating at night because there is no house, commercial building, etc. in the vicinity of the road.As a result of the analysis (Evidence No. 3,680) and the average traffic volume of BG road in 2009 and BG road in 209, the one-way road is relatively high in traffic volume, such as the smooth passage of all large number of vehicles including major intersections, while it is difficult to use the vehicle for the purpose of using BG road mainly on the road between the Jeju city and the Jeju city, on the other hand, it seems that the need to use the vehicle for the purpose of using BG for the purpose of using BG (Evidence No. 3693).

B. Determination on the grounds that the Defendant’s route is not the Defendant’s operational route

In light of the moving speed ( around 69km/h) of two taxiss from among the four vehicles moving from F School to T-section 03:17 to T-section 04:10, a vehicle within the radius of F School base station at around 04:04 when the victim's cell phone is terminated shall pass through E at around 04:08, because there is no vehicle passing through E from around 04:05 to from around 04:10, the victim's cell phone cannot be viewed as using the route. However, as seen earlier, since it is difficult to deem that the victim's cell phone has been proved to have been terminated at around 04:04,04, it is difficult to conclude that the victim's cell phone has not passed through E after 04:10.04.

㉣ 즉, 수사기관의 위와 같은 경로 분석은, 피고인이 범인임을 전제로 하여이 사건 택시와 유사한 차량을 추적하는 방식으로 이루어진 것이므로, 피고인이 아니라 제3자인 범인이 ② 경로 외에 나머지 ①, ③, ④ 경로로 이동하였을 가능성을 배제하기 어렵다.

(6) Whether it can be readily determined that the taxi in which the victim was born was directly engaged in Muri-do.

The facts charged of the instant case are premised on the fact that the Defendant was in front of the L Apartment and was directly involved in Murging. However, according to each police statement by the AO, BH and BI, the victim appears to have a habiter who was in need of diving in the taxi under the influence of alcohol. If the victim was aboard the taxi at that time, the victim’s blood alcohol level was 0.18% at around 02:30, which was at the time of the completion of drinking, and around 03:08, it is presumed that the victim was within 90%, which was 0.2%, and that the victim fell within 0.2%, and under such circumstance, there was a possibility that the victim was locked for getting off the taxi at the time of committing the instant crime, or even if so, the victim was not an offender, it is difficult to view that the victim was in front of the instant case at the time of committing the crime, without any reasonable doubt, at the point 20th of the instant case’s age text messages.

(7) Whether the Defendant can be readily determined to have completed the victim’s mobile phone after the victim died of the victim’s adjacent road along G drainage route.

In this case, on the basis of the fact that there is a habit of killing a victim and abandoning the victim's belongings, it is presumed that the defendant murdered and abandoned the victim on the road near G drainage, and moves the victim to the Jeju-si room, and the victim's cell phone in the vicinity of the F school is terminated. However, even if the victim's cell phone has been terminated before the victim's death, it is difficult to view that there is any obstacle to the victim's murder. On the other hand, even if the victim's cell phone has been terminated before the victim's death, it is difficult to first terminate all of the cell phone in order to facilitate the crime. If the defendant's cell phone has been terminated after the victim died, it is difficult to explain the reason why the cell phone has not been abandoned at the place where the victim terminated immediately after the victim's death. In other words, the possibility that the victim's cell phone has been terminated by the completion of all the victim's cell phone

(8) Whether a vehicle transited in front of a 10:11:14 AW store is the instant taxi

A road adjacent to BJ, which is a place where the victim's bank is discovered, appears to be a narrow and narrow alley, and is likely to be a road that can be used by a person specified in the nearby bJ. That is, the Defendant’s geographical-friendlyness in the said place, namely, the Defendant was not a BK High School (BL high school prior to the change: BL high school) located at approximately 3 km away from the above place and the above place prior to 20 years, and the Defendant, as a taxi engineer, is located at the bL high school in many places, cannot sufficiently explain the reasons that the Defendant selected as a place where the victim abandons the bank.

5. Conclusion

As seen earlier, the evidence submitted by the prosecutor, such as animal hair, stoves evidence, CCTV images, and the result of the analysis thereof, is insufficient to deem that the fact that the defendant killeds the victim as stated in the facts charged, to the extent that it can be ruled out a reasonable doubt, and there is no other evidence to acknowledge this otherwise.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal by the prosecutor is without merit. It is so decided as per Disposition. (However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "BM" of the 4th part of the judgment below as "BJ", "BM" of the 15th part of the 6th part of the judgment below as "market", "BNel" of the 13th, 20th, 14th, and 16th part of the 16th part of the 16th part of the 14th part of the 23th part of the 24th part of the 16th part of the 27th part of the 16th part of the 24th part of the 27th part of the 27th part of the 8th part of the 15th part of the 3th part of the 10th part of the 16th part".

Judges

The presiding judge, king judge

Judge Kim Gin-han

Judges Park Jong-soo

Note tin

1) Although the animal testing of this case was conducted five times, the remaining four times of experiments were taken into account as data related to presumption of the time of death only with respect to the fourth animal testing result (the date the victim was taken only as the object of the experiment) in the situation from the time when the victim was abandoned to the time when the victim was abandoned, such as her temperature or her snow, and other conditions differ from the situation from the time when the victim was discovered. Therefore, "the result of the animal testing of this case" is deemed to refer to the fourth animal testing result, unless there is a special reference.

2) Non-parent testing is a statistical verification method used in a manner that does not need to be assumed with respect to the form of the recruitment body or the collection body collection. It is also a statistical verification method used in the event that there is doubt about the normality of the recruitment body. It is also called a distribution-free method or free distribution statistics test. It is useful to analyze data that are difficult to apply multiple methods, such as life expectancys, heat level, and samples where samples are small. There are three non-parent statistics commonly used, namely, Mann-Whney test, K rusk-Wallis test, and sign verification method.