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Main Issues
Degree of the supporting evidence of the confession
Summary of Judgment
The reinforcement evidence of confession is sufficient if it is sufficient to the extent that it can be recognized that the defendant's voluntary confession is not processed, but true, and such evidence is sufficient not only as direct evidence but also as circumstantial or indirect evidence.
Defendant-Appellant
Defendant 1 and one other
Defense Counsel
(National Office of Attorney at-law)
original decision
Seoul Criminal Court Decision 76No6376 delivered on July 22, 1976
Text
All appeals are dismissed.
60 days out of the number of days of detention prior to the pronouncement of this judgment shall be included in each principal penalty.
Reasons
The grounds of appeal by defense counsel are examined.
The reinforcement evidence of confession is sufficient if it is sufficient to recognize that the defendant's voluntary confession is not processed, but true, and such evidence is sufficient not only to direct evidence, but also to circumstantial or indirect evidence. In this case, according to the suspect examination protocol prepared by the prosecutor and the statement statement of the non-indicted as to the non-indicted prepared by the judicial police assistant, it can be recognized that the confession of the defendants conspired with the non-indicted as to the crime of this case is not processed, but also that it is a confession consistent with the truth. Thus, the court of first instance recognized that the defendant consented to the collusion of the crime of this case by taking into account the evidence and the minor confession of the defendants, etc., and it cannot be said that there was no violation of law of recognizing special larceny against the defendant by only the confession of the defendants, as argued in this lawsuit.
Therefore, this appeal is all without merit, and it is dismissed, and the part of the detention days prior to the pronouncement of judgment shall be included in each original sentence by applying Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.
Justices Shin Young-chul (Presiding Justice)