Do 2016 7849 A. homicide

(b) Murder;

A

Defendant

Law Firm GD (Attorney GE in charge, GF)

Daegu High Court Decision 2016Do4 decided May 19, 2016

August 29, 2016

The appeal shall be dismissed.

The grounds of appeal are determined.

In a criminal trial, the conviction should be based on evidence with probative value, which could lead a judge to feel true, beyond a reasonable doubt. If there is no evidence to establish such a degree of conviction, even if there is an objection against the defendant's conviction, the conviction should be determined based on the defendant's interest: Provided, That it is not necessary to be formed by direct evidence, such as this, but it is formed by indirect evidence that does not violate the rule of experience and logic, even if indirect evidence does not have full probative value of the facts of the crime individually, if a comprehensive examination of the whole evidence is conducted under mutual relation, the facts of the crime should also be acknowledged if it is judged that there is a comprehensive probative value based on the concept of experience and logic, and thus, it is reasonable doubt that there is no reasonable doubt as to the possibility that it should be included in the abstract evidence, and that it should be included in the abstract evidence and reasonable doubt, and that it should be included in the abstract evidence and reasonable doubt.

No appeal may be made (see Supreme Court Decision 2013Do4172 decided June 27, 2013, etc.).

Examining the reasoning of the original judgment in light of the aforementioned legal doctrine, and evidence duly adopted and examined by the original judgment and the first instance court, the following circumstances are deemed to have existed: ① to the Defendant, i.e., to have been a motive for killing a victim; ② to the Defendant on July 13, 2015, the day before the instant crime was committed.

Justices Kim Yong-deok

Justices Lee In-bok

Justices Kim So-young

Chief Justice Lee Ki-taik