The credibility of the co-defendant's statement that merely expresses his abstract thoughts

If the contents of the co-defendant's statement are merely a statement of his/her abstract idea, the facts of the crime cannot be recognized by the statement.

Articles 307 and 308 of the Criminal Procedure Act

Defendant and Appellant for Custody

Prosecutor

Attorney Lee B-ho

Seoul High Court Decision 84No108,84No16 Decided April 2, 1984

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the records, the co-defendant's statement in the court of first instance is nothing more than a statement of his own inferred thoughts, since the co-defendant's statement in the court of first instance is a statement about the fact that he conspireds with the co-defendant in the court of first instance to commit robbery or conspired to take money and valuables against the defendant or made a preliminary statement on the prosecutor's examination at the court of first instance. However, the court below's decision of innocence is just because there is no proof of a crime of robbery against the defendant, and there is no error in the misapprehension of the facts against the rules of evidence, since the court below's decision of innocence cannot be justified and there is no error in the misapprehension of the facts against the rules of evidence.

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

Justices Yoon Il-young (Presiding Justice)