Reinforcement ability to prove circumstantial evidence or indirect evidence;

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 reinforcement evidence not only is direct evidence but also indirect evidence or indirect evidence.

Article 310 of the Criminal Procedure Act

Defendant

Defendant

Attorney Go Young-gu

Seoul High Court Decision 82No2856 delivered on December 22, 1982

The appeal is dismissed.

The grounds of appeal by the defendant and the public defender are also examined.

According to the evidence of the first instance court's decision maintained by the court below, all facts constituting the defendant are acknowledged legally, and there is no reason to suspect that the confession of the defendant in the suspect interrogation protocol against the defendant prepared by the prosecutor and the judicial police officer does not have been made voluntarily, and the reinforcement evidence of the confession is sufficient if it is a evidence that can be recognized as true, not a processed fact of voluntary confession, but it is sufficient to prove that such evidence is true, and it is sufficient not only direct evidence but also circumstantial evidence or indirect evidence, so the evidence of the court below's judgment can be reinforced evidence of confession. Thus, the court below did not err by misapprehending the facts against the rules of evidence, such as the theory of lawsuit, without any supporting evidence other than the confession, or by misapprehending the facts contrary to the rules of evidence.

In addition, considering the various circumstances that are conditions for sentencing by the record, the judgment of the court below on the determination of the punishment is acceptable and it is not recognized that the determination of the punishment is improper, and thus, the theory of lawsuit on this point cannot be accepted.

Ultimately, the appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)