The meaning of "when clear evidence is newly discovered" under Article 420 subparagraph 5 of the Criminal Procedure Act.

The so-called "when clear evidence is newly discovered" as referred to in subparagraph 5 of Article 420 of the Criminal Procedure Act refers to the time when it is newly discovered, submitted or examined that the value of evidence is recognized as objective superior to that of other evidence, which is not discovered or it was impossible to submit or examine even if it was discovered in the final and conclusive litigation procedures subject to review.

Article 420 subparagraph 5 of the Criminal Procedure Act

81Mo12 delivered on May 25, 1981

Re-appellant

Gwangju District Court Order 84No2 dated September 5, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

The so-called "when a clear evidence is newly discovered" as referred to in Article 420 subparagraph 5 of the Criminal Procedure Act refers to the evidence that was not discovered in the litigation procedure of a final judgment subject to review or that it was impossible to submit or examine even if it was discovered, and whose value of evidence is recognized as an objective superior to that of other evidence, which is the time when the new evidence is discovered, submitted, or examined (see, e.g., Supreme Court Order 81Mo12, May 25, 1981). For the same reason, it is difficult for a witness who is a new evidence cited by the applicant for review to regard it as falling under the evidence under Article 420 subparagraph 5 of the Criminal Procedure Act, and thus, it is justifiable in light of the record that the measures against which the request for review

Therefore, the reappeal is dismissed without merit, and it is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju