The case reversing the judgment of the court below which found the defendant guilty on the ground that the decision of the court below was incomplete and that it violated the rules of evidence, without resolving the reasonable doubt that the defendant could not be an offender in many respects, even though the opinion and the finding of the body of the National Institute of Scientific Investigation and Investigation that the victim would have died during the time period in which the defendant was found together

The case reversing the judgment of the court below which found the defendant guilty on the ground that the decision of the court below was incomplete and that the defendant violated the rules of evidence, without resolving the reasonable doubt that the defendant would not have been an offender in many respects, even though the opinion of the National Institute of Scientific Investigation and Investigation that the victim would have been presumed to have died in the time zone with the defendant, and the body was

Article 308 of the Criminal Procedure Act

Defendant

Defendant

Attorney Osung-hwan

Seoul High Court Decision 93No1791 delivered on September 28, 1993

The judgment of the court below is reversed.

The case is remanded to Seoul High Court.

The grounds of appeal by the defendant and his defense counsel are also examined.

1. Summary of the facts charged

The summary of the facts charged of this case is 0,000 won or more of the victim's 100 won or more of the victim's 10th day after the victim's 6th day after the victim's 2nd day of his 198,000 won or more, and the victim's 2nd day after his 14th day after his 14th day after his 14th day after his 5th day after his 10th day after his 14th day after his 14th day after his 14th day of his 14th day of his 14th day after his 14th day of his 14th day of his 14th day of his 14th day after his 14th day of his 14th day of his 14th day of his 14th day of his 14th day of his 2nd day of his 14th day of his 2nd day of his 19th day of his 2nd day of his 14th day.

2. The judgment of the court below

원심은, 거시증거에 의하여 위와 같은 공소사실을 유죄로 인정한 제1심판결을 그대로 유지하면서, 피고인의 다음과 같은 항소이유(이는 피고인의 검찰 이래 일관된 변소내용이기도 하다), 즉 피고인은 피해자와 사건 당일 03:30경 위 여관 203호실에 투숙하여 1회 성교한 후 다시 한번 성교를 요구하였으나 피해자가 피곤하다며 거절하자 단념하고 함께 잠을 자다가 같은 날 06:55경 여관주인의 인터폰 소리에 잠을 깨어 피해자에게 같이 나가자고 권했으나 피해자가 더 자겠다고 하므로 피해자를 그대로 두고 여관방문을 안으로 잠그고 나와서 근무처인 신림9동 파출소에 가서 나머지 근무를 마치고 같은 날 10:00경 피해자를 집으로 데려다 주기 위하여 다시 위 여관으로 가서 여관방문을 두드렸으나 아무 소식이 없어 잠긴 방문을 카운터의 열쇠로 열고 본 즉 피해자가 사망하여 있어 관할 파출소에 위 사망사실을 신고하였을 뿐이고, 피고인으로서는 그 동안 관계가 원만했던 피해자를 살해할 아무런 이유가 없으며, 피고인 및 피해자의 혈액형은 모두 A형인데도 이 사건 현장 침대 위 사체의 머리 양쪽에서 정액반응이 양성이고 그 혈액형이 AB형인 휴지가 발견되었고, 침대카바 혹은 침대이불 위에서 혈액형이 B형인 음모 및 두모가 여러 개 발견되었으며, 이 사건 현장의 사체가 누워 있던 침대 위에는 피고인의 것이 아닌 족적이 있었고, 피해자의 사망시간대 추정도 그 기초가 되는 자료가 정확한 것이 아니거나 개인차 등 구체적인 사정을 무시한 것이어서 신빙성이 없는 데다가, 이 사건 발생 전에 위 여관 203호실의 열쇠가 분실되어 있었던 점 등으로 보면, 이 사건의 범인은 피고인이 아니라 피고인이 여관방을 떠난 후 제3의 인물이 위 여관방에 침입하여 이 사건 범행을 저질렀음이 분명하다는 주장에 대하여, ① 피해자의 질 속에서는 혈액형이 A형인 정액만이 검출된 점에 비추어 볼 때 제3의 인물이 피해자를 강간하였다고는 보기 어렵고, ② 위 여관 203호실에는 또다른 아베크족이 전날 저녁부터 사건 당일 03:00경까지 있다가 나갔으며, 그들이 나간 후 여관 주인인 김복규는 재털이만 비우고 시트와 이부자리, 방바닥 등은 대충 살펴 보아 깨끗하여 그대로 나온 점 및 불특정 다수인이 이용하는 여관의 특성에 비추어 보면 침대카바 및 침대이불에서 혈액형 B형의 두모 및 음모가 발견되었다는 사실만으로 제3의 인물이 침입하였다고 보기도 어려우며, ③ 사건 현장의 침대 위에서 발견된 족적은 대단히 희미할 뿐 아니라 만일 범인이 신발을 신고 침대 위에 올라가 생긴 족적이라면 2개만 생겼을 리가 없고 또 사체가 발견된 후 현장을 다녀 간 경찰서 직원 등 많은 사람들이 부주의로 만들어 놓은 족적일 가능성도 있다는 점에 비추어 볼 때 이것만으로 제3의 범인이 있다고 보기 어렵고, ④ 사건 현장 침대 위 사체의 머리 양쪽에서 발견된 휴지에는 정액반응이 양성인 휴지뭉치와 음성인 휴지뭉치가 혼합되어 있는데 그 중 양성반응의 휴지는 혈액형이 A형과 AB형으로 각각 반응하였고, 또 위 휴지에서는 3인 이상의 유전자형이 검출되어 위 휴지에 피고인과 피해자의 세포가 묻어 있다 하더라도 그 이외에 적어도 1인 이상의 제3자에게서 유래된 세포가 휴지에 묻어 있다고 보아야 한다는 각 감정서의 기재에 비추어 보면 일응 제3자의 침입을 예견할 수도 있으나, 피고인이 경찰공무원이라는 점 및 피해자를 깨워서 집으로 데려다 주기 위해서라는 이유로 새삼스레 자고 나온 여관에 다시 갔다는 점 등으로 보아 피고인이 이 사건 현장을 최초로 목격한 때로부터 피고인의 신고로 수사경찰이 출동하여 현장을 보존하기까지의 상당한 시간 동안에 현장을 변경하였을 가능성을 부인할 수 없는 데다가, 더구나 제3의 인물이 침입하여 어떤 경위로든 사정을 하였다면 그 분비물을 닦는데 있어 새로운 휴지를 쓰던가 아니면 씻는 등의 방법을 택하지 하필 피고인이 피해자와 성관계를 가진 후 분비물을 닦아서 침대 밑에 버린 휴지를 주워서 자기의 분비물을 닦는데 다시 사용하였다고는 선뜻 믿기지 아니하는 점 등으로 보면 위 각 감정서의 기재가 피고인의 주장을 뒷받침할 자료가 될 수 없으며, ⑤ 증인 이원태, 김영길의 제1심법정에서의 진술 등에 의하면 시반현상이나 시체경직 정도, 위 내용물의 소화상태, 직장체온 측정결과 등에 의하여 피해자의 사망시각을 사건 당일 05:00 이전으로 추정할 수 있다고 보이므로, 피고인이 이 사건 범인으로 인정된다는 취지로 판단하고 있다.

3. Judgment of party members

A. The issues of the instant case

At around 03:30 on the day of the instant case, the Defendant was accommodated in the said room with the victim at around 07:00 on the day of the instant case, and served in the said room at around 10:0,00, and returned to the said room again at around 10:0, and the facts known to the outside of the victim’s death were clearly recorded. Thus, the issue of the instant case is whether the Defendant was killed between 03:30 on the day of the instant case where the victim was staying in the said room (in this case, it can be seen as the Defendant’s crime), or whether the Defendant was killed between 0:00 on the day of the instant case where the Defendant left the room (in this case, it shall be deemed that the Defendant was a criminal act by a third party, other than the Defendant, and that the Defendant was killed by adding to the circumstances of the Defendant’s death on the day of the instant case at around 30:00 on the day of the instant case, and thus, it shall be deemed that the Defendant was dead by the Defendant’s death at around 307:00 on the day.

However, the above judgment of the court below is hard to accept as it is, so it shall be examined below.

B. Review of the evidence adopted by the first instance judgment maintained by the lower court

(1) As to the evidence related to the presumption of the time of death

① The evidence on this point is as follows. First, according to the statement at the court of first instance on the Kim Young-ro, a police officer at the scene, and the investigation report (in the investigation records, 26,27 pages) prepared by him/her, he/she was engaged in identification activities at the site of this case between 14:30 on the day of this case and 17:20 on the day of this case, he/she observed the physical phenomenon at around 15:10, and he/she was in a brucated and mixed with the body and the body of the body of the victim, such as the body brucing, and the body brucing, and the body brucing, and the body brucated up until the 30th day of this case. In order to verify the offender's hair and the body bruced, the victim's finger crudddy was found to have been cut down at the end of 13:10 on the day of this case.

In addition, according to the statement at the court of first instance and the inquiry table prepared by the court of first instance (in the investigation record 37-1 of this Won as a doctor of the National Scientific Investigation Institute), the time of death can be presumed as 10-12 hours after the death on the premise that the physical temperature and the physical temperature measurement of the above Kim Young-ro is true. The time of death can be presumed as 03:10 to 05:10 if the physical temperature at 15:30 degrees 23 degrees east, the time of death can be presumed as 03:30 times after the death, and the time of death can be presumed as 03:0 times before and after the death of the above 4:5 hours after the death of the victim, even after the death of the above 10-3 hours after the death of the body, the above 2-4 hours after the death of the deceased body can be presumed as 3:5 hours after the death of the victim.

On the other hand, according to Non-Indicted 2's statements made by the prosecution, the victim's last time was 02:00 on the day of the case, and according to the prosecutor's statement made by the prosecutor's office, the victim's death time can be presumed to be 07:00 on the day of the case, at the latest, through the results of autopsy and appraisal shown in the records.

(2) Presumption of the degree of vision and the degree of corpse competition.

A. First, there is a doubt as to whether the corpse of the above Kim Young-ro is correct or correct.

On the day of the case of the above Kim Young-moo (the investigation record on the face of 844 of the investigation record, the above Kim Young-moo was bound only to the investigation report prepared after the formation of the case, and submitted only the above investigation report in the process of the prosecution investigation) the status of the ordinary position is written only as the full-time position, the degree of the vision is the front-time position, and there is no mentioning about the cross-section or the inter-consivity from the brue to the brue.

The above Kim Young-ro examined the victim's fingers (the son's fingers) in order to verify the progress of the light position at the time of on-site identification. However, according to the first instance court and the statement at the court of original instance (the trial records 207, 1017 pages), it is difficult to deem that the son's fingers (the 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'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's son's son's son's son's son's son's son's son's 10-14 hours.

In addition, the Defendant stated that, around 10:00 on the day of the instant case, the Defendant saw the victim’s left arms in sight of him/her, and that he/she took off the victim’s left arms, and that he/she was light without force, such as his/her own arms (the investigative record 662,672 pages), and that his/her statement was made in mind with the influence on the presumption of time of death on the presumption of time of death.

In light of the above, there is no doubt as to whether the present phenomenon was the same as the statement of the above Kim Young-ro.

B. Meanwhile, according to the first instance court and the court below's statement (the trial records 223,224,1016, 1017 pages) or medical records related to law bound in the records (the trial records 576 pages) of the above Lee Jong-tae's statement in the court of first instance and the court below's trial (the trial records 223,224, 1016, 1017 pages) or medical records related to law bound in the records (the trial records 576 pages), the body diameter appears in the telegraph including the large pipe of the paper, and 7,80 hours after the death, and the body diameter appeared in the finger, and 4,5 hours after the death, can be presumed to be between the time of death and 07:10:08 hours after the death.

(c)The presumption of the time of death, which was based on the reflective phenomenon and the degree of the dead body position, is merely a presumption that the body phenomenon, which serves as the basis for such presumption, has been wrong or is based on the premise that there is a substantial gap, and therefore, it is insufficient to conclude that the defendant was dead prior to around 07:00, when 07:00.

(3) Presumption by workplace temperature.

(a)In accordance with the first instance court and the court below's statement (the trial record 224,225,1017-1019 pages) and the above legal books related to the law, the workplace temperature of the dead body is considerably affected by many people, such as surrounding environment, temperature, dampness, nutritional condition, the state of exploitation, gender, etc., so it is relatively correct to estimate the post-time temperature by measuring at least three times at intervals of 30 minutes or 60 minutes, seeking the summer rate, and based on this, it is reasonable to estimate that the post-time temperature should be measured at least 20 cm from the text of the above law, and the method of measuring it should also be included at least 20 cm from the text of the above law. Since the above Kim Young-ro measured the temperature range at least 7 cm, it is doubtful as to whether the workplace temperature measured on the day of the above Kim Young-mon case at least 15:30 meters can be estimated as the basis of such presumption.

(b)In accordance with the above inquiry report, the above part of the brigade was presumed to have been opened continuously from 10:00 on the same day, taking into account the fact that the changeer in the entrance room, who is heating oil boiler using the oil boiler, was in the front line, to have presumed ex post facto passage time by the former formula. However, according to the above parter Kim Uniform-style or Red Scar's statement (the trial record 245,259 pages), the above parter's husband and wife, the above parter's husband and wife, did not continue to have heating by oil boiler, but it was in the state of operating 20,00 hours from 0 to 09:00 on the day of the instant case, and it is difficult to presume that the entrance door of the above parter was opened continuously from 10:00 on the same day (the investigation record 214 pages) to 14:30 to 17:20 on the same day, and there is no presumption that the inside air and the outer part of the investigation record, etc.

(c)In addition, among the presumption of the time of death due to the measurement of a Gu or workplace temperature, there is an example of differences between 12 hours and 12 hours. If the presumption of the time of death appears to have been made without due consideration of all the people based on the workplace temperature which was accurately measured as above in the above 1019 of the trial record (the trial record No. 1019 of the trial record) and that the presumption of the time of death could not extend to the extent that the victim might have died after 07:00;

(4) Presumption by the above contents

A. According to Non-Indicted 2's prosecutor's statement (Investigation Records No. 828-831 of the investigation record), the victim saw the alcohol from the dry field station located in new-dong on the day of the instant case to 02:30, while drinking the alcohol from the dry field station located in new-dong on the day of the instant case to 10 minutes in the taxi from the above dry field located in front of the Seoul National University, the victim tried to talk with the defendant, and according to the defendant's statement, the victim 10 minutes in the taxi from the above dry field located in front of the Seoul National University. The victim 0:20 on the day of the instant case to 0:0,000 before and after the dry field station and the defendant 1, the victim 10 days in front of the above 1st day of the date of the instant case (no. 737 pages of the investigation record) and the autopsy appraisal statement (the victim 737 pages of the investigation record) are also detected of rice bed, al, al.

(b)On the other hand, according to the statements at the court of original instance of Lee In-won (the trial record 1015,1016 pages), the degree of extinguishing the above contents may vary depending on the person's age, physical constitution, gender, etc., so there may be a considerable difference, and 4-5 hours may vary depending on the person's age, physical constitution, gender, etc., but as the time when the above food is extinguishing, compared to the low working hours, the locked person usually takes two times or more at night, so even if the last taking time of the victim's death is 02:30, the victim may be deemed to have died between 07:00 and 08:30 on the day of the instant case, if the time of death is 02:0.

(c)The presumption of the time of death by the above contents is somewhat insufficient to conclude that the victim died before 07:00.

⑤ It is evident that the above mentioned prosecutor’s statement does not have the value of evidence above the above Lee Jae-jin’s statement.

On the other hand, until 02:30 on the day of the instant case, the victim dynasium 2,3 maths, 3 Hobbes, and 3 Hobs, but dynasium dynasium 935,120) was dynasium (trial 937 pages), but the blood alcohol was not detected as a result of autopsy (the investigation record 737 pages), and the urology generated at the time of death was considerably large (the trial record 508 pages and the investigation record 35 pages).

(6) Ultimately, the presumption of the time of death is merely a single presumption, and it is difficult to conclude that the victim was killed before 07:00 on the day of the instant case as evidence.

(2) As to the evidence related to the defendant's behavior and attitude

① When the Kim Uniform, an inn owner, was immediately received by the defendant when the twitphone was divided into a personal phone. The statement in the first instance court court court court of the above Kim Uniform rule concerning this point was made by the defendant, and the defendant was tamped from 08:00 to 07:0, when the trigram was cut off from 100 to 203 rooms, and the defendant was cut off from 203 rooms where he was well aware of the fact that the trigram was cut off from 203 rooms, and the trigram was cut off from 203 rooms, and the other party was cut off (the 201 rooms were divided for a long time). Thus, even if the defendant was tamped from the tamper in the 203 unit room and the tamper, it is thought that the tamper had already been set off during the two times.

However, the above Kim Jong-soo asked that he was aware that the personal phone was divided into two short time when being examined by the police on the day of the incident, and further asked questions as to who thought that he was a person or a person was dead (Investigation Records 111,117 pages). On December 1, 1992, when two police investigations are conducted on December 1, 1992, the personal phone was cut off (Investigation Records 127 pages), and the personal phone was cut off (Investigation Records 127 pages). On the 16th of the same month in the prosecution investigation on the 16th of the same month in which the same month was later, if the personal phone was cut off and the defendant was seated above at the time, and it was difficult to make a statement that the defendant was not a criminal (Investigation Records 700 pages) and the defendant made a statement to the effect that he was not present at the time, and it is still difficult to change the contents of the statement before and after the prosecution as well as the above.

The statement of the above Kim Jong-chul is not limited to the interval between time and time until the defendant is recovered from a twitphone or received, but also about the cleaning condition made before the defendant sees in the above 203 room. The prosecutor reported again and spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons spons and spons spons spons spons spons spons spons spons spons sponss, while the police or the court of first instance and the court of original instance do not hold consistency in the credibility of the police box spons spons spons sp.

In addition, the above breadth is merely 2.7 meters (in the investigation record, 507 pages) and there is no two strings until the wall side of the opposite part that the defendant was able to take, it would be difficult to conclude that the defendant was shouldered at the time on the ground that the strings of the strings of the strings of the strings of the strings.

(2) The defendant told that the victim was killed.

In this regard, the above red scarcity stated that the defendant was the victim's suicide (the trial record No. 261 page), but the above scarcity also stated that the defendant was the victim's suicide (the trial record No. 32,324 page). It is doubtful whether it can be said that the defendant was the victim's suicide sufficiently.

In addition, even if the defendant made a conclusive statement as such, the above Item No. 1, which was withdrawn from the on-site preservation measure, also thought that the victim's entrance was suspended in a small amount (the trial record No. 326 pages), and that the police's report on the occurrence of a change of accident is presumed to be a drug addict (the investigation record No. 9,10 pages), but the defendant did not use the vision at the time, and it is sufficient to say that the defendant committed suicide by misunderstanding that the defendant committed suicide by misunderstanding that the victim's entrance was a brut of a brut, so it shall not be deemed that the defendant committed such a crime because the defendant was a serious criminal who killed the victim.

③ The fact that the Defendant intended to locate the victim’s belongings and was aware of the content of the victim’s handbag.

The above No. A, when the victim said that there was no possession of the victim as a mixed end, the defendant took a scambling action, such as finding a plan to find it, and intending to behind the net and corridor stop, and the defendant was carried out with a new 6 police box around 10:30 on the day of the case before the victim's belongings was discovered in a bath room, and the defendant was carried out with the police box around 10:30 on the day of the case before the victim's belongings was discovered in a bath room, and he stated that the police officer at the scambling room does not carry the victim's checks and scams. However, even if it is true, it cannot be said that the defendant committed the crime of this case, but it can be a single circumstantial evidence to suspect the defendant as a criminal.

(3) As to other evidence

① The fact that the Defendant did not have a new person from the outside after the said female house was left, the above female couple, Kim Jong-sik and Hong Sari had no person who had a new person from the outside after the said female house was left. However, this is merely the fact that the Defendant did not discover an external intrusion, but it does not constitute evidence that there was no outside intrusion.

② At around 04:00 on the day of the instant case, non-defluence has occurred.

At around 03:30 on the day of the instant case at the police station, Kim Gi-si was sleeped in the above 307 room, and around 04:00, he stated that he thought that he was sleeped because he did not have any sound following it, which led to a frighting of a woman who is authorized in any room of the above 04:00.

However, the above Kim Jong-do stated that he reported video in the prosecutor's office made a secret statement (as to the investigation record 914), and according to the above Kim Jong-do's statement, the video was not stored between 03:30 and 07:00 on that day, and he was also 04:00, but he did not hear the same sound (as to the trial record, 255 pages, 705,706 pages). Accordingly, the above Kim Jong-do's statement is doubtful.

(4) Ultimately, the evidence adopted by the judgment of the court of first instance, which the court below maintained, is difficult to believe as above or insufficient to conclude that the defendant is the criminal of the crime of this case, and this is more so in the situation where several questions are not resolved as follows.

(c) The circumstances in which the defendant's defense is supported;

(1) As to the motive for murder

In addition to the interrogation protocol in the police without admissibility of evidence, there is no evidence to acknowledge the motive of murder such as the charge.

Even if it is based on each of the statements made by Nonindicted 3, the victim, such as the largest woman who is the principal of the fachip in which the victim was working, the separation of the same employee, Nonindicted 2, etc. who is the fachip, or the victim's fachip, or Nonindicted 3, the victim's fachip, the victim's fachip, etc., the defendant and the victim could not be married, there is no dispute or bullying or fachip. Rather, if it is difficult to divide bachisity or gender relationship with each other while understanding the position of the situation, it is difficult to find out the proviso to form a trust relationship to a certain extent, such as requesting assistance.

In addition, it is often difficult to see that it was refused because it was demanded that the sexual intercourse between men and women who entered a female house was again made, and that it was made, or that it was made once, and that it was difficult to put in the house due to a sudden change. Moreover, even if the victim made such a brut and a brut, it is difficult to say that the victim reached the judgment of the defendant to kill the victim by breaking the brut relationship with the defendant and the victim, the circumstance leading up to the above brut relationship with the victim, and the situation at the time, it is not easy to understand.

(2) Possibility of the third party's intrusion

(1) Detection of suspension in which the fixed amount of a third party is collected.

All blood type A of the accused and the victim is clear. (The investigation records are 737,872 pages) However, from the time when a police officer reported an accident and first called the head of the above victim's her head, he or she was fested (which seems to have been generated in the process of blocking the victim's entry and nose due to suspension and resisting the victim's resistance). While the victim's head was temporarily suspended, it was found that the victim's blood type A was cut off (the investigation records are 35,626,628-630 photographs of each 35,62, 207). According to the investigation records, approximately 8, 9, 8, 9, 8, 9, 9, 8, 9, 9, 9, 9, 8, 9, 9, 9, 9, 9, 8, 9, 8, 9, 9, 9, 9, 9, 9, 1, 3, 7, 9, , 3, 1, 3, ., ., .,

On the other hand, according to the results of the genetic appraisal of professors in the law of the Seoul National University, at least 1272,1281 of the trial records), at least 2 of the proved 8, and at least 8 of the recovered parts, and at least 5 of the blood extracted from the defendant, extracted YNZ22, T-1, and 5 WF gene surface in the extracted nuclear acid, and appraised by analyzing the relevant gene type [at least 3 Y2 of the genetic type derived from 100 and 1000, at least 4 of the 3rd gene type derived from 6th gene type, and at least 1 Y2 of the 3rd gene type derived from 6th gene type, are found to have been found to have been found to have been found to have been prone-type 2 of the 3rd gene type, and at least 2 of the 2ndo-type 3rd type Y-type 3 of the 2ndo-type gene type in Korea, without interference with each other.

In addition to those of the defendant or the victim, subparagraph 8 of the above, which appears to have been used in committing the crime, remains a semen or cell of a person whose blood type is AB-type, and subparagraph 9 of the above subparagraph is a fixed amount of a person whose blood type is not the defendant or the victim, if the blood type is collected, then the possibility of committing the crime by a third party, other than the defendant, cannot be readily denied unless there is any apparent circumstance that the sperm or cells of a third party referred to in subparagraph 8 and subparagraph 9 of the above subparagraph can be collected.

First, in light of the fact that the defendant was a police officer and that the defendant went back to the bed by the house on the ground that he was in order to get the victim back, etc., the court below explained that the defendant could change the site from the time of entering the above bed by the defendant's report to the time the police was dispatched to the scene and the police was preserved. However, the defendant was engaged in the duty of military service as a combat police and was appointed to the police, and only once he was engaged in the criminal investigation duty. On the day of the case, the date of the case was the first day of the defendant as a Sundays, and the defendant was promised to move back to the bed in the bed by the Ycheon-dong, but it was near the house of the victim of the bed, and it is difficult to readily affirm the possibility of changing the site to the above Y, if there is no possibility to change the site.

Furthermore, according to the above red house, the above red house, or 112 report processing table (19 pages), the defendant returned to the above house by 10:00 and returned to the house, opened the house, or opened the house with the above house, and discovered that the defendant was dead (the key of the above house, which was used at ordinary time, was lost) by putting the house back to the house, or opened the house with the above house, and then opened the house to the above house with the above 20th floor, and then opened the house at the above 10th floor and opened the house at the above 4th floor until the above 10th floor arrives at the house:5th floor. According to the above 10th floor, the defendant's time was shot back to the above house, which was naturally open to the above house and the victim's situation, and reported that the defendant did not have any defect in the house at the above 2th floor, and the defendant did not have any contact with the above 10th floor at the above 20th floor (the above 10th 26th m m m m m c.).).

In light of the fact that only blood type was detected in the form A in the victim's quality, if it is difficult to see that the third person was raped by the victim, and if the third person intrudes the third person's body and was in any circumstance due to any reason, the court below should not believe that the third person's body was used by the method of cleaning, etc. without using a new stop or selecting a cleaning agent, etc., after having a sexual relation with the victim, the defendant was shotfing the powder and then again shot the part of the body, and then shotfing the part of the body. However, there is no doubt, it cannot be a ground to support the possibility of changing the part of the defendant's body or to exclude the possibility of the third person's intrusion.

(2) Any blood-type B conspiracy and existence of double organs.

According to the results of the Maternal Blood Test (Investigation Records 745,746 pages) transferred by the National Institute of Scientific Investigation of the National Institute of Research and Investigation of the Republic of Korea, there are two features of conspiracy and two parts of conspiracy that correspond to B, and two parts of conspiracy that correspond to B during the process of collecting the hair removed from the floor of the defense room, and two parts of conspiracy that correspond to B even during the process of collecting the hair collected from the floor of the defense room.

The court below held that it is difficult to view that a third party was invaded solely on the fact that another scam from the day immediately preceding the day to 03:00 of the day of the instant case, and that the above scam Kim-do, which is the scam, was found in light of the fact that he scam and conspiracy was found in light of the characteristics of the scam used by many and unspecified people. However, the above scam's scam was made by the defendant and the victim's scam, and it was common to clean up the scam and clean up the scam so that the scam was scam and clean up the scamscam in the case of the scambane and the scambscam, and that the scam and conspiracy of the scam above scam were found, and it can also be supported by the possibility of intrusion by a third party.

(3) Sponsives found on the part of a bed sets.

In order to examine the photographs of the above brut brut (in the investigation records, 640,641,850 pages) of the above brut brut, it can be seen that the brut had a little but sufficient two documents. According to the records, it is evident that the brut is not the defendant.

The lower court seems to have adopted the statement of the above Kim Young-ro, a police officer at the site and deemed that the police officer, etc. at the site was sufficient until the body was taken up and the body was taken. However, other than Nonindicted 4, the mother of the victim, the victim’s mother, in addition to Nonindicted 4, no person in charge of the investigation, other than the defendant and the person related to the investigation, was allowed to enter the entrance. In the criminal investigation, it is hard to see that a person in charge of the investigation, who is well aware of the importance of the on-site preservation in the criminal investigation, went back to the bed of the victim’s body on the bed of the bed of the victim’s body. Moreover, if it was not revealed who was the above satisfied, it cannot be said that it suggested the possibility of intrusion by a third party.

(3) According to each investigation report (Investigation Records 421,430,490,493,894,918 pages) on the statement and tracking of a check, which appears to have been held by the victim, 30,000 won, 80,000 won, 600 won, 80,000 won, 60,000 won, 80,000 won, 60,000,000,000,000,000,000,000,000,000,000, 3,000,000, 3,000,000, 8,000,000,000,000,00,000,000,000,000,000,000,00,000,00,000,00,00,00,00,00.

However, on November 29, 29, the day of the instant case, the Defendant was carried out with a new 6 police box around 10:30 of the same year, and was detained after being investigated from that time. As such, on December 3, 198, two copies of a check with the last place of 3:6 of the same year are exchanged in cash, and it is certain that the Defendant is not the Defendant. (In accordance with a certified resident registration copy attached to the Defendant’s written petition, the Defendant was actually residing on December 14, 1520 of the new fae-dong, where the person, who was “the remaining fab fab fab fab fab fab fab fa

In the same way, it is difficult to readily conclude that the defendant is a criminal offender at the stage where it is not revealed how two copies of the three thousands of the check at the last place are 3,6 in which he/she was called 'the above 'the above 'the above 'the above 'the above 'the 'the above 'the 'the 'the '' is highly likely to be a person who is well aware of the 'the 'the 'the 'the ' the 'the ' the above ' the ',' and rather the 'the 'the 'the '

(4) The defendant's act from the above inside to the time of re-return.

According to the statement of the staff of the new 9-dong police box, the Defendant left the police box around 07:10 on the day of the instant case and worked normally from around 09:00 on the day of the instant case. After completing his service, 3,40-minutes and 10:00 playing the police box and 3,40-minutes and 10:00, respectively. Such actions do not seem to be performed by the person who gets out of the police box after having a scopic scopic scopic scopic scopic scopic scopic scopic scopic scops.

(5) As above, in this case where there is a question whether the defendant is deemed a criminal of the crime of this case, such a question shall not be readily rejected the defendant's defense suit until such question is unsatisfyed and it shall not be readily concluded that the defendant is a criminal of the crime of this case.

D. Conclusion

The recognition of conviction in a criminal trial should be based on strict evidence with probative value, which causes a judge to have no reasonable doubt, and if there is no such evidence, it is the principle of criminal law and the precedents of party members that make it difficult to determine the defendant's interest even if there is a suspicion of guilt.

The opinion of the National Institute of Scientific Investigation that the victim is presumed to have died at the time when the defendant was in existence with the defendant is sufficient to be suspected of being the defendant as the criminal of this case, and the opinion of the National Institute of Scientific Investigation is not clear that the defendant's words and actions after the discovery of the body, but it is not clear that such questions may not be the criminal of this case in many respects, and it is difficult to avoid criticism that the court below, which concluded that the defendant committed the crime of murder of this case without any evidence as to the intention of murder, merely because the crime of murder was committed by the victim, without any evidence as to the intention of murder, does not complete the deliberation or there is an error of law that misleads the value judgment of evidence. The argument points out this issue is with merit.

Therefore, the judgment below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Young-young (Presiding Justice)