Whether Co-defendant's ability to prove reinforced evidence (affirmative)

Co-defendant's statement can be reinforced evidence against the confession of the defendant.

Article 310 of the Criminal Procedure Act

Supreme Court Decision 66Do984 Decided September 20, 1966, Decision 70Do2525 Decided March 30, 1959

Defendant 1 and one other

Defendants

Attorney Seo-sung et al.

Gwangju High Court Decision 83No541 delivered on December 8, 1983

All appeals are dismissed.

The number of detention days after an appeal shall be calculated by 25 days in each original sentence.

The Defendants and the state appointed defense counsel’s grounds of appeal are also examined.

As co-defendant's statement can serve as a supporting evidence for each other's confession, it cannot be deemed that there was an error of finding facts without supporting evidence, such as the theory of lawsuit in the judgment below, and as to the judgment sentenced to imprisonment of less than 10 years as in this case, it cannot be viewed as a legitimate ground for appeal on the ground of unfair sentencing under the Criminal Procedure Act. Thus, we cannot accept the argument that the sentence of the court below is excessive and unreasonable.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench that part of the number of days pending trial after the appeal shall be included in the principal sentence.

Justices O Sung-sung(Presiding Justice)