[1] The probative value of indirect evidence in a criminal trial for the crime of murder, and the degree of proof to acknowledge the liability for the crime of murder in a case of murder where the body of the victim is buried without any accurate examination or scientific autopsy procedure for the body of the victim and the defendant denies the crime in a murder case without any direct evidence as to the means and method of the crime

[2] The case holding that the judgment of the court of first instance which found the Defendant guilty on the ground that the charge of murdering A is difficult to be proved beyond reasonable doubt, in a case where the Defendant was charged with murdering “in an unsound manner” by attracting female elderly Gap, the Defendant denied the crime, there is no direct evidence, and the body of the Defendant was already reproduced by the Defendant prior to the commencement of the investigation, and there is an error of law such as misapprehension of legal principles in the judgment of the court of first instance which convicted the Defendant

[3] The case holding that in case where the defendant was indicted for the purpose of forging and concealing the body of the defendant who was issued a written autopsy by deceiving the body of the defendant "A," as the body of "the defendant," and then was indicted for the purpose of pretending that the defendant died, the judgment of the court of first instance which acquitted the defendant on the ground that the defendant's act was impossible or extremely difficult to detect the body, and it constitutes concealment of the body, and thus, constitutes concealment of the body,

[1] In a case where the death penalty is found guilty by comprehensively considering indirect evidence under mutual relation, even though there is no witness to the crime of murder or no objective evidence, etc., the indirect evidence may be found guilty. However, in a case where the death penalty is found guilty by comprehensively taking account of indirect evidence as to the crime of murder as prescribed by statutory punishment, it may require very strict and careful judgment based on the close evidence related to the facts of the crime. In particular, in a case where the body is dissected without accurate autopsy or scientific autopsy procedure, and the body is not direct evidence as to the means and method of the crime, in order to recognize the crime of murder against the defendant who denies the whole crime, the causes of the death of the victim must be proved preemptively, and in a case where indirect evidence submitted by the prosecutor is considered, it shall be deemed that the death of the victim was caused by the act of the defendant who has the intent of

[2] The case holding that, in a case where the defendant had purchased a multiple life insurance policy and was indicted with inducing female elderly Gap who lives in the elderly shelter for the purpose of receiving insurance money by pretending that he died, the defendant denied the crime, there is no direct evidence, and the body of the defendant had already been incinerated by the defendant before the commencement of the investigation, there is sufficient objective circumstance to acknowledge the motive for murder, and even if there is a high possibility that the defendant is an offender in light of indirect facts such as the situation where the defendant was accompanied only after the time when the death was presumed, there is no specific circumstance of death in the indictment, and there is no concrete method or specific behavior of the defendant with regard to murder, and there is no physical evidence to acknowledge that the death of the defendant was directly related to the death of the defendant on the day of the case, such as tools and drugs used for murder and there is no other evidence to acknowledge that the death of the defendant was in violation of the rules of evidence and indirect evidence to the extent that there is no other reasonable evidence to acknowledge that the defendant still did not have any other evidence or evidence to prove the death.

[3] The case holding that in case where the defendant was prosecuted for the cremation of Gap's body as "the dead body of a female-employed person Gap," issued a written autopsy for the body of "the defendant as "the deceased," and then was prosecuted for the cremation and concealment of Gap's body for the purpose of pretending the death of the defendant, the court below erred in the misapprehension of legal principles in the judgment of the court of first instance which acquitted the defendant on the ground that the defendant's act was impossible or extremely difficult to detect the body, and that the defendant's act constitutes concealment of the body of "the deceased," and that the defendant could not know the death of Gap's bereaved family members, such as the duty to maintain funeral and pet, etc., and that the defendant could not give for example, such as the bereaved family members, and that the purpose of cremation of Gap's body was to obtain the insurance money by pretending that he died, and that the purpose of the funeral was not to escape the body of the deceased

[1] Article 250 of the Criminal Act, Article 308 of the Criminal Procedure Act / [2] Article 250 (1) of the Criminal Act, Articles 308, 325, and 364 (6) of the Criminal Procedure Act / [3] Article 161 (1) of the Criminal Act, Article 364 (6) of the Criminal Procedure Act

[1] Supreme Court Decision 2004Do7028 Decided January 14, 2005, Supreme Court Decision 2007Do10754 Decided March 13, 2008, Supreme Court Decision 2010Do10895 Decided December 9, 2010, Supreme Court Decision 2011Do1902 Decided May 26, 201 (Gong201Ha, 1352)

Defendant

Defendant and Prosecutor

Woo-man et al.

Law Firm Gyeong, Attorney Park Young-young

Busan District Court Decision 2010Gohap856, 872, 873 Decided May 31, 2011

1. The part of the judgment of the court below against the defendant is reversed.

2. The defendant shall be punished by imprisonment with prison labor for five years;

3. One copy (No. 2) of the application list for the driver's license test that has been seized shall be confiscated;

4. One copy of the seized resident registration certificate (No. 1) shall be returned to the deceased non-indicted 1’s heir.

5. The Defendant is not guilty of murder among the facts charged in the instant case

1. Summary of grounds for appeal;

A. Defendant

The court below found the Defendant guilty of the charge of murdering part of the Defendant even though there is no evidence that the Defendant did not kill the victim and the victim was killed by another person. The evidence which the court below found as the grounds for conviction is merely indirect facts, and the evidence alone cannot be said to have been proved to the extent that there is no reasonable doubt as to the facts charged of this case. Therefore, the court below erred by misapprehending the facts against the rules of evidence 1).

(b) Prosecutors;

(1) misunderstanding of legal principles as to the crime of hiding a corpse

In the crime of concealment of a corpse, the term "ciralment" means to make it impossible or extremely difficult to detect the corpse, and the judgment of the court below is erroneous in the misapprehension of legal principles that affected the conclusion of the judgment, even though the crime of concealment of the corpse was established, since the defendant, by deceiving the corpse of the victim's personal information, other than the victim, has infringed on the family's religious appraisal of the victim, making it impossible or extremely difficult for the bereaved family to detect the corpse

(2) Unreasonable sentencing

The imprisonment with prison labor of the court below is too uncomfortable.

2. Judgment on the grounds for appeal by the defendant

A. Summary of the facts charged

Around February 1993, the Defendant graduated from ○ University, and around November 18, 1997, around November 1997, while living together with Nonindicted 2, who was a person of the same university, without filing a marriage report, led to Nonindicted 3, who was married around November 6, 1998.

The defendant, without the consent of the non-indicted 2, obtained a copy of the certificate of non-indicted 2's seal impression in the Nam-gu, Busan District Court from November 1, 1997 to February 1, 199, after entering into a contract for the purchase of the part of the vehicle with the non-indicted 2 as a contracting party, or with the non-indicted 2 as a joint guarantor from around February 1, 199, and then sold it to another person, and then filed a complaint for fraud, etc. against several persons by fraud, etc. using the so-called "vehicle," which caused the cancellation of the above part of the vehicle premium contract, and was detained on March 26, 1999. The defendant was sentenced to eight months of imprisonment for fraud, etc. at the Busan District Court around October 15, 199, and the above punishment became final and conclusive around that time, on the ground that the non-indicted 2 and the defendant's de facto marriage were the de facto marital relationship with the non-indicted 199.

After that, the Defendant was transferred to a private teaching institute instructor, and Non-Indicted 3 was administered as a brupted lebosis from December 9, 2004 to March 10, 2008, and was unable to live on the wind to repeat the entry and discharge, and was designated as a recipient of basic livelihood security on December 13, 2005 as a beneficiary of medical care.

From April 8, 200 to April 22, 2010, the Defendant: (a) owned an apartment house (water 1 omitted) 220,000,000 won above under the name of Non-Indicted 4, which was owned by the above non-Indicted 200,000 won; (b) the above apartment house has no property value at 3rd 242,00,000 won, including creditors’ mutual savings banks; (c) on October 1, 2008, the Defendant operated the △△△△△ Group under the name of 0,00,000, its mother debt 20,000,000,000,000,000 won and 0,000,000 won and 0,00 won and 0,000,00 won and 0,000 won and 0,000 won and 0,000 won and 0,000,00 won and 0,00.

On the other hand, from around 2003, the Defendant sent back to Nonindicted 7 and her parents of Nonindicted 7 and her parents of Nonindicted 7, who had been college students at the time of 2003, with a view to the morale of the refund. Nonindicted 7, who had experienced a large amount of money, such as “Nonindicted 7 and her parents succeeded to a miscarriage equivalent to KRW 2 billion from Aberter. They married and come home abroad along with her death abroad.” From August 2009 to August 7, 2009, the Defendant leased a free car at KRW 890,000 on a monthly rent, she gets on and off, took a large amount of money to Nonindicted 7 with high-class restaurants, she was faced with a very difficult situation in terms of economic growth. From January 20, 2010, Nonindicted 7, who had been concealed, had been informed of the personal history of her marriage and the existence of her married children, and had been notified of 7 women’s new sexual intercourse and her relationship with the Internet.

In addition, around January 15, 2010, the Defendant was accused of the above union due to the crime of acquiring 50,000,000 won under the name of start-up fund and forging and using the real estate lease contract, and was accused by the above union and was investigated as a suspect at the Busan Jin Police Station around February 11, 2010, and the Defendant who had been detained before being investigated as a suspect at the Busan Jin Police Station around February 11, 2010, was placed in the extreme crisis that not only himself but all his family will be destroyed if detained at once.

Ultimately, as indicated in the facts charged of this case, the Defendant, as Korea Post and our UF Bio-resources, by deceiving 136,512,000 won in total as insurance money, by deceiving 'new association', and by deceiving 50,000,000 won as start-up funds, by deceiving 136,512,000 won in total as the insurance money, and by deceiving 136,512,000 won in total as the start-up fund, and by deceiving 25,000,000 won in Busan Metropolitan Self-Support Center as the start-up fund, by deceiving 25,00,00 won in total as the start-up fund, but it is difficult for the Defendant to avoid economic difficulties by taking out insurance money, living expenses, entertainment expenses, etc. with 7,00 won in a criminal case, and even if it is difficult for the Defendant to bring a new criminal trial but was in a disguised relationship with 7,000 won in a criminal case, it is difficult for the Defendant to receive a new social crisis after death.

Accordingly, around March 8, 2010, the Defendant: (a) made the Defendant as an insured person; (b) made the Defendant as an insured person; (c) KRW 650,000,000 as death insurance money; (d) KRW 250,000,000 as death insurance money in the KDB life insurance on the 8th day of the same month; (d) KRW 200,000,000 as death insurance money in the Hegian life insurance around May 6, 2010; (c) KRW 90,000,000 as death insurance money in the Purden social life insurance around May 17, 2010; (d) KRW 150,000,000 as death insurance money in the Edar life insurance (A); and (e) KRW 600,000 as 0,000,000 for each insurance money in the Edar life insurance (A); and (e) KRW 60000,00000,0000.6,000.

In addition, on March 15, 2010, the Defendant: (a) registered its membership in the Internet car page, which is operated by Nonindicted Party 8, Nonindicted Party 8’s shelter in Daegu-gu Dong-dong (number 3 omitted); and (b) falsely inserted his writing on the above car page to the effect that “I want to work with things having self-reliance among the 30th female elderlys, who have operated a child care center,” and written them with the same currency or letters on several occasions with the same purpose; (c) sought to find any person who does not have parents or does not find it; (d) from April 7, 2010 to June 16, 2010, the Defendant used to kill and scambinate “morine” in the “scinicide” method, “scinicide and scinary food,” “incinant food,” “incinant food,” “incinant food,” and “gincinant food,” “fincinant food,” method,” and “gincincinant food,”.

On May 27, 2010, the Defendant: around 19:00 on June 16, 2010, the Defendant, via the Internet, colored a female elderly in the Busan metropolitan area who is easy to attract, but did not do so; on the 30th day of the same month, confirmed that there is no family or person contacted with the victim Nonindicted 1 (n), or that there is no family or person contacted with the victim; and determined that the Defendant would murder the victim by an unforeseen method; on June 16, 2010, the day prior to the trial date of the Defendant’s case, such as one’s own fraud, etc. (l. 10:45, Jun. 16, 2010), the Defendant was killed the victim from around 130,000 won per month when working as a mother of the childcare center operated by the inside and outside of the Republic of Korea to 0:00,000 won by taking advantage of his/her qualification certificate between 00 and 40:0,0000.

B. The judgment of the court below

The court below found the defendant guilty based on the evidences of the case, and the summary of the judgment of the court below is as follows.

(1) The following facts are acknowledged according to the evidence.

The Defendant, without economic ability, purchased a large number of life insurance contracts with himself as the insured, and paid approximately three million won monthly insurance premium. The Defendant searched the kinds of agrochemical, death insurance money, procedures for reporting death, etc. via the Internet, and provided contact with the victims who were staying in Daegu Women’s Sleeps Sticks Sticks Sticks Sticks Sticking with the victim who was staying in the same place before the instant crime was committed on June 16, 2010 and moved the victim to Busan. On June 17, 2010, the Defendant received the victim’s request on the part of the victim, who was aware of the fact that the victim was dead, and then received the victim’s death request on the ground that the victim did not know of the fact that the victim was dead in the name of the victim, but did not know of the fact that the victim was dead. The Defendant received the victim’s death request on the ground that the victim did not know of the fact that the victim was dead in the body of the deceased.

(2) Determination

The Defendant denies the facts charged in the instant case, and there is no direct evidence to prove the facts charged, and the conviction of the Defendant can be formed by indirect evidence unless it violates the empirical and logical rules, even though indirect evidence does not have full probative value. Thus, even if indirect evidence does not have full probative value individually, if it is deemed that there exists a comprehensive probative value that it does not have the sole probative value when comprehensively considering the whole evidence in mutual relation, the facts charged can also be acknowledged.

The following circumstances revealed by the evidence: (i) the victim had already died before the arrival of the hospital; (ii) the victim’s statement on the victim’s Internet search time or time of the victim’s death; (iii) the victim’s health examination result for the past three years; and (iv) the victim’s suicide was rarely unlikely in light of the victim’s circumstance; (v) the victim’s text message sent to the victim out of Busan; and (v) the victim’s statement on the victim’s life insurance money; (v) even if the charge of this case was murdered by “non-fluorous method”, it can be deemed as specified in the facts charged; and (v) the victim’s statement on the victim’s death or death time or time of the victim’s death; (v) the victim’s Internet search details; and (v) the victim’s reasons for taking advantage of the victim’s name in lieu of the victim’s death; and (v) it is difficult to reverse the contents of the victim’s request to murder the victim’s life insurance money and the victim’s injury.

C. Determination of party members

In addition, in a case where there is no direct evidence such as witness or objective physical evidence of the crime, the indirect evidence can be comprehensively examined in relation to each other and the facts charged can be found guilty (see Supreme Court Decisions 9Do3273, Oct. 22, 1999; 2004Do7028, Jan. 14, 2005; 2004Do7028, etc.). However, in recognition of guilt by taking into account indirect evidence of the crime of murder, which is a statutory punishment, the death penalty, requires a very strict and careful judgment based on close evidence related to the facts charged. In particular, in a case where the body was dissected without undergoing accurate autopsy or scientific autopsy of the body of the victim, and there is no direct evidence of the means and method of the crime, the causes of death of the victim should be proved preemptively, and in a case where indirect evidence of the victim should be considered when considering the indirect evidence submitted by the prosecutor, it should have strict probative value equivalent to that of the defendant's death.

Under such premise, the party members will first consider whether the cause of the victim non-indicted 1's death can be recognized as the cause of the death, and whether the death was caused by the act of the defendant who had the intention of murder.

(1) First, we examine the cause of the victim’s death.

(A) The time and cause of the victim’s death

(1) Time of death of a victim.

According to the evidence duly admitted and examined by the court below, it can be acknowledged that the victim was in a state of blue typology at the time of arrival in the emergency room of the hospital around 05:00 on June 17, 2010, when he was under cardiopulmonary resuscitation, he was in the face, etc., and there was little electrical reaction in the examination, and that the body temperature was under a low level compared with normal conditions. The following facts and the evidence acknowledged as follows: (i) even if he had died in a clinical way, he may have an electrical reaction in the examination until 15 minutes after the death; (ii) there is little change in the body temperature at the time of arrival; and (iii) the average 0.7 cm per hour after the death of the victim at the time of arrival; and (iv) the victim seems to have already been in an emergency room before the arrival of the emergency room; and (iv) the victim appears to have been in an emergency room before the death of the victim.

(2) Whether the victim is likely to be able to look after.

Comprehensively taking account of the evidence duly adopted and examined by the court below and the testimony of Non-Indicted 9 and Non-Indicted 8 of the witness of the party, the victim at the time of the instant case may be recognized as not suffering from disease such as heart disease, etc. However, the victim's height was 144.4 cm, and the body weight was 2) 51.2 km (the result of health examination of November 23, 2009) and the fact that it was not highly probable that the value of the victim was at least twice higher than that of ordinary people due to frequent drinking, etc. (the fact that the victim was at risk of suffering from disease such as heart disease, etc. at the time of the instant case, and that the victim was at the time of the instant case's health care for the victim at the time of the instant case, and that it was difficult to find that there was no possibility that the victim was at the time of treatment of the victim at the time of the instant case's health care for the victim at the time of the instant case.

(3) Whether a victim is likely to commit suicide.

Comprehensively taking account of the evidence duly admitted and investigated by the court below and the testimony of Non-Indicted 9 and Non-Indicted 8 of the witness of the trial party, the victim was living in the above female elderly shelters and living well with the neighbors. The victim was found to have been employed in Busan Child Care Center in consideration of the defendant on the preceding day of the case, although the victim was found to have been employed in Busan Child Care Center and had been living in the care of the defendant on the day before the day of the case, the victim was admitted to the above female homeless's shelter due to the parents' dispute and the physical behavior of South and North East, the victim in the past was suffering from social and economic difficulties and human relations, such as a normal alcohol and tobacco, a lack of adequate adaptation to work life, etc., and there seems to have been difficulty in taking account of the possibility that the victim was suffering from suicide at all due to frequent use of drugs and family relation at the time of this case, but it seems to have been difficult to recognize that the victim was suffering from suicide at all.

(4) Whether it is possible to kill.

Inasmuch as it seems that women of the 20 middle group without any particular illness, such as the victim, might have rapidly died due to serious conditions, or there is no possibility that suicide was committed at the time of the instant case, it should also be carefully examined about the possibility that the victim might have been killed. However, the evidence adopted by the lower court regarding the cause of the victim’s death is that the victim’s body was proved by Nonindicted 10, nurse Nonindicted 11, and 12, and Nonindicted 13, who examined the victim’s body, and Nonindicted 14, who moved the victim’s body from the emergency room of △△ Hospital, to the so-called “△△ Hospital,” to the so-called “Seman Hospital,” and Nonindicted 14, who took funeral procedures, such as cremation. The above statements were made to the effect that the victim’s body did not snick out of the body of the victim, etc., and that there was no other stiking or any other stimult circumstance that the victim had died at the time of death.

(B) Sub-decisions

According to the facts of the above recognition, it is difficult to view that the victim's death cause is highly likely to lead to death, or that the body of this case in which the body of this case was not buried, and the body of this case at the time of death was not revealed, and the question about the possibility of being natural death or suicide is completely resolved. Therefore, if only the victim's death is viewed as a cause of death, it is reasonable to view that it is close to the "explosion of cause." Furthermore, even if there is evidence to acknowledge that the victim's death was caused by the act of the defendant with intention of murder, the defendant can be found guilty of the facts charged of this case that the victim murdered "by any means and method that is not clearly known."

(2) Next, we examine whether the victim’s death can be recognized as a result of the Defendant’s act of murdering the victim.

(A) Whether there was a motive to kill the victim

Comprehensively taking account of evidence duly adopted and investigated by the lower court and testimony of Nonindicted 8 and 9 of the witnesses of the party, the lower court: (i) the Defendant supported the aged and his dependants after he was frightened; (ii) was in a position from January 2010 to find it difficult for him to know only a large amount of debts without any certain income; (iii) was using a high-class vehicle to maintain the relationship with Nonindicted 7, who is frightencing with the victim, and was designated as a recipient of daily living expenses; (iv) the Defendant was unable to pay a large amount of monthly insurance premium to the Defendant to obtain the Defendant’s life insurance after having subscribed to a large number of life insurance policies, which the Defendant was the insured; and (v) was unable to receive the Defendant’s frightencing method and murder on the Internet before the occurrence of the instant case by using the victim’s frightter and making the Defendant use of the victim’s frightter to visit the Internet by making it difficult for him to receive the victim’s fright and fright.

In full view of the above facts, the defendant can be presumed to have sufficiently induced the victim to murder with the intent to obtain the body necessary for pretending that he/she died after having subscribed to a large number of insurance policies that he/she is the insured with the intent to escape from extreme economic difficulties.

(B) The credibility of the Defendant’s statement and defense

According to the evidence duly admitted and examined by the court below, the defendant reversed the defendant's statement as to the situation where he had become aware of the victim and the specific process until he had become aware of the victim at the hospital, and there was no objective evidence to search the content of toxic chemicals, etc. on the Internet, and the victim made a statement contradictory to before and after Busan, and the victim had been living together with Busan for the purpose of pro-friendly gathering, and the victim did not have any explanation to be able to be able to understand whether she would be hedging and present at the Busan's will with the victim for the purpose of pro-friendly gathering (the defendant stated in the court of first instance that the victim had talked with her several times at the Busan's beach and asked her for beer, etc., and that the part of the defendant's statement or its reasoning to the effect that it can be easily reversed from the defendant's statement or its reasoning that it would be possible to receive insurance money under the empirical rule or its reasoning.)

(C) Whether the Defendant actually killed the victim

Of the facts charged in the instant case, the key point of the crime of murder, excluding the motive, etc. of the Defendant stated in detail, is to confirm that there is no family or person contacted with the victim Nonindicted 1 (n, 26 years of age) or the victim on May 30, 2010, the Defendant: (a) confirmed that the victim did not have any family or person contact the victim; and (b) determined that the victim was killed by an irregular means; and (c) around June 16, 2010, the victim was her on the part of the child care center operated by the internal branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local branch of the local government.

In light of the above facts charged, there is no witness or physical evidence on the part where the defendant murdered a victim as stated in the above facts charged, and the body of the victim was buried prior to the commencement of investigation by an investigative agency, and there are several kinds of indirect evidence. As seen earlier, indirect facts based on the above indirect evidence include the following: (a) the fact that the victim was killed or was unlikely to have committed suicide; (b) the circumstances leading up to the victim’s death or the time of the victim’s death or the time of the victim’s death; (c) the Internet search; (d) the reason why the Defendant received the hospital in the name of the victim on behalf of the victim was difficult; and (e) the method of searching the elderly and the method of murder via the Internet after purchasing multiple life insurance contracts even while the defendant is economically difficult; and (e) the conditions that the patient died in the hospital and claimed death insurance proceeds after the death.

In full view of the aforementioned indirect facts, it seems that the motive of the defendant was very strong, imminent, and closely set up a criminal plan, and the possibility of the victim being killed by any third party, other than the defendant, does not appear to have the proviso to suggest the possibility of being killed by the victim. As seen earlier, if the change of the defendant as to the circumstances of this case is very old and there are many differences in before and after, it is true that there is a very strong doubt that the defendant actually induced the victim to murder.

However, the facts charged of this case do not contain the detailed details of the victim's death, and there is no evidence to support the defendant's criminal method or specific behavior on the day of the case, such as implements and drugs used for murder, and there is no physical evidence to support that the victim's death was directly related to the victim's death. In addition, the victim can be acknowledged the fact that the victim died at the time and time indicated in the facts charged. However, as seen earlier, the victim did not clearly indicate the cause of death through autopsy, etc., and there is no evidence to support that the victim's death remains in the body of the outside, blood or body body, soil, etc., and there is no evidence to support that the cause of death remains in the body of the victim after the victim's death, it cannot be ruled out entirely that the victim died in the influence of drinking, etc. on the victim's military register, body or on the day of the case, or that the victim committed suicide in the place where the victim died without the victim's question. In the end, it is difficult to view that all the victim died in the place in question.

(3) Sub-decisions

The conviction in a criminal trial ought to be based on evidence with probative value, which leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2005Do8675, Mar. 9, 2006, etc.).

As seen earlier, even if there exists an objective circumstance sufficient to recognize the motive for murder of the Defendant at the time of the instant case, and there is considerable possibility that the Defendant would be a criminal of the crime of the instant case as stated in the facts charged, in light of indirect facts such as the situation where only the Defendant had a close relationship between time and location by attracting the victim to Busan through a thorough prior plan led by the Defendant, and accompanying the victim before and after the time when the victim was presumed to have died, as seen earlier, the above evidence presented by the lower court as the grounds for conviction still remains unclear and doubtful. As such, it is difficult to fully recognize the value as indirect evidence closely related to the Defendant’s murder. Therefore, since the fact that the Defendant intentionally killed the victim is difficult to view that the facts charged as the Defendant intentionally proved to the extent that there is no reasonable doubt, the liability for the crime of the instant murder cannot be recognized.

On the other hand, it is difficult for this court to prohibit the fact that the truth is not clearly revealed about the situation of the victim living an unexpected life caused the death of his will. However, the legal spirit that the criminal facts should be acknowledged only based on objective and clear evidence that anyone can understand so as not to infringe upon the people's freedom and rights without permission is not only in the instant case, but also in the instant case, the basic principle in all criminal cases should not be considered. If the principle is insufficient connection with indirect evidence that appears to have sufficient probative value in appearance, but also recognizes the murder crime stipulated in heavy punishment, such as this case, cannot be seriously likely to infringe on the people's fundamental rights and be damaged.

Therefore, since there is a lack of evidence to acknowledge the facts charged of the crime of murder of this case, the court below found the defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, the court below recognized that the defendant killeds the victim based on the circumstance and reasoning as stated in its holding, and found the defendant guilty of this part of the facts charged. Such judgment of the court below is erroneous in the misapprehension of legal principles as to the probative value of indirect evidence in relation to the recognition of the crime of murder or in the misconception of facts against the rules

3. Judgment on the Prosecutor’s misunderstanding of the legal principles (concepting part)

A. Summary of the facts charged

At around 14:00 on June 17, 2010, the Defendant: (a) performed the autopsy of Nonindicted Party 1 at the Sim Park Park Dok-dong, Busan, which is located in the Simsa-dong, Simsa-dong; (b) issued a written autopsy of the body; and (c) received the body at the same place as the 18th day of the same month, and concealed the body after cremation of Nonindicted Party 1’s body for the purpose of hiding the death.

B. The judgment of the court below

The court below found the defendant not guilty on the ground that the crime of concealing a corpse constitutes a case where a person obligated to take care of, or take care of, a corpse under law, contract, or sound reasoning as a social custom against a deceased person, neglects it or neglects it without following a religious and social custom (see Supreme Court Decision 98Do51, Mar. 10, 1998) while moving the corpse into a place (see Supreme Court Decision 98Do51, Mar. 10, 1998). In light of the general cremation procedure, if the defendant satisfied the funeral funeral ceremony by cremation the body of the victim, even if the defendant was aimed to conceal his own crime and did not notify the bereaved family thereof, such circumstance alone does not constitute an infringement on the deceased person’s religious sentiment, and there is no other evidence to prove the above facts charged, and thus, it does not constitute a case where there is no evidence to prove a crime.

C. Determination of party members

The legal interest protected by the law of the crime of concealing a corpse is to protect the religious sentiments of the deceased's family members, and the act of concealing a corpse means to make it impossible or extremely difficult to detect the corpse, etc.

In light of the following circumstances, which can be seen by the evidence duly admitted and adopted by the court below, the defendant 1’s act in this part of the facts charged was impossible or extremely difficult to detect the body, and thus, cremation was made in accordance with the cremation procedure as if the bereaved family members of the non-indicted 1 were dead. ② The non-indicted 1’s bereaved family members made it impossible to discover the body by preventing them from becoming aware of the death; ② the bereaved family members of the non-indicted 1’s non-indicted 1’s bereaved family members, such as the duty to maintain the funeral and the escape; ③ The defendant’s intent of cremation the body of the non-indicted 1’s body would lead to the death of the deceased and the use of the body as if the deceased died and the purpose of the cremation was to obtain the insurance money by fraud, and as such, it is reasonable to view that the act of the defendant in this part of the facts charged constitutes the concealment of the body (the precedent presented by the court below based on the judgment of innocence). The prosecutor’s appeal against this part of this case has merit.

Therefore, the lower court acquitted the Defendant of this part of the facts charged has erred by misapprehending the legal doctrine and thereby adversely affected the conclusion of the judgment (However, in recognizing the Defendant guilty, the lower court corrected the facts within the scope of the original facts charged and recognized the “purpose to conceal the facts of murder” under this part of the facts charged as “for the purpose of pretending that he/she died.”

4. Conclusion

Therefore, the appeal against the defendant's appeal against the part of murder and the acquittal part of the prosecutor's judgment of the court below cannot be maintained as it is on the ground as seen above. Each of the above parts of the court below's judgment, which the court below found guilty of murder and guilty, shall be sentenced to one punishment as concurrent crimes under the former part of Article 37 of the Criminal Act, such as fraud, forgery of public document, uttering of forged public document, use of private document, attempted fraud, fraud, obstruction of justice, use of public electronic records, etc., events such as false writing and electronic records, use of false document and electronic records, and use of false document and electronic records, etc., and the crime of concealment of dead bodies found guilty by a party member shall be sentenced to one punishment as concurrent crimes under the former part of Article 37 of the Criminal Act except for murder, and one punishment shall be sentenced as concurrent crimes under the former part of Article 364 (6) of the Criminal Procedure Act. Without omitting

The gist of the facts charged and evidence acknowledged by the court is as follows: (a) the summary of the facts charged as stated in the above 3. A (the crime of this part of the crime is deemed to be "for the purpose of concealing the facts of murder" and the summary of the evidence as stated in the above 3.A. (the crime of this part of the crime is deemed to be "for the purpose of concealing the facts of murder"; (b) The summary of the facts charged as stated in the above 3.A. (the crime of this part of the crime is deemed to be "for the purpose of concealing the facts of death of the person in question"); (c) the witness non-indicted 13's legal statement; (d) the witness non-indicted 14; (d) the body inspection report; (e) the body inspection report; (e) the written application for the use of public funeral facilities; (e) the written application for the delivery of remains; and (e) the summary of the facts charged as mentioned in the above 3.0.3 separate judgment of the court below.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 231 of the Criminal Act (each Article 231 of the Criminal Act, each Article 234, Article 231 of the Criminal Act, each Article 234, Article 231 of the Criminal Act, Article 347 (1) of the Criminal Act, each Article 347 (1) (other than Article 8 of the above Act, each Article 225 of the Criminal Act, each Article 225 of the Criminal Act, Articles 229, and 225 of the Criminal Act (each Article 229 of the Criminal Act), Article 161 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 137 of the Criminal Act, Article 137 of the Criminal Act, Article 230 of the Criminal Act, Article 230 (Unlawful Exercise of Official Document, Selection of Imprisonment), Article 228 (1), Article 30 (1) of the Criminal Act, Article 228 (3) of the Criminal Act, Article 30 of the Criminal Act, selection of the Criminal Act, Article 29 (37 of the Criminal Act.

1. Commercial competition;

Articles 40 and 50 of each Criminal Code [The punishment prescribed for the crime of uttering of a falsified Private Document under Article 5, the punishment for the crime of uttering of a falsified Private Document under Article 9-3(1) of the holding, each of the crimes of uttering of a falsified Private Document under Article 9-3(2) of the holding, each of the crimes of uttering of a falsified Private Document under Article 9-3(2) of the holding, each of the crimes of uttering of a falsified Private Document under Article 40 and Article 50 of the Criminal Code, each of the crimes of uttering of a

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes concerning Uttering of Counterfeited Public Document due to Exercise of Certificate of Registration of Counterfeited Business Operators Who Has the largest Punishment and Criminal Affairs)

1. Confiscation;

Article 48 (1) 2 of the Criminal Act

1. Return:

Article 333(1) of the Criminal Procedure Act

In light of the fact that the defendant committed multiple offenses by concealing another person's body even though he/she had a record of punishment due to fraud, etc., he/she repeated the forgery of documents, such as official documents and private documents, and the use of forged documents and the crime of fraud, and by revealing a extreme desire by using it as if he/she died, and thereby, he/she committed multiple crimes, there are factors to impose a sentence disadvantageous to the defendant, such as the fact that the nature of the crime among similar crimes of the same or similar crime is excessive to the extent of the same day.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant has committed a mistake in depth as to the remaining guilty portion except for murder; (b) the condition that the Defendant should support the Defendant; (c) the circumstances that the Defendant had a mother and her parent; and (d) the measures that acquitted the Defendant of the murder among the facts charged in the instant case against the Defendant; and (d) the Defendant’s age, character and conduct, environment, career

The summary of the charge of murder among the charges of this case against the defendant is the same as that of the above No. 2. A. C. of the above No. 2.C., and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, since there is no proof of crime.

Judges Yellowified (Presiding Judge) Kim Hun-Ba

1) The Defendant is arguing only about murder among the facts charged in the instant case.

Note 2) The records of the health examination conducted at the Daegu Hospital of the Korean Red Cross on November 23, 2009 are based on the records of the health examination conducted at the Korean Red Cross Daegu Hospital. The former records of the personal records card dated June 20, 2007 are written at 154 cm and 49 cm in weight.

주3) ‘◇◇병원’ 응급실 도착 당시에도 의사 공소외 10 등은 피해자가 상당히 뚱뚱하여 남자 혼자 힘으로 몸을 옮기는 것이 힘들었다고 진술하고 있음.

4) Human relations, psychological status, etc. with the victim's family members, etc. are specifically south of the counseling day, etc. kept in the victim's shelters.

5) The defendant was not found in the vehicle that sent the victim, such as agricultural chemicals, drugs, and stowings.

(6) On June 16, 2010, the Defendant’s arrival of the victim into Busan around 19:00, and then, on June 17, 2017, the following day, the Defendant relied on the Defendant’s statement with respect to the specific criminal administration, dialogue, meal and drinking, etc. from 05:00 on June 17, 201, and the detailed facts were not revealed objectively and specifically.

7) Although the Defendant asserts that the life insurance, in which he/she has subscribed, paid the insurance proceeds even if he/she committed a suicide, and that he/she initially thought the insurance proceeds, each of the above insurance contracts is subject to exemption from liability for intentional accidents and suicide within two years after he/she subscribed, and it is difficult to believe that he/she purchased an insurance policy against his/her suicide after paying a large amount of monthly insurance premium for two years.

8) Meanwhile, it appears that the mother of the injured party actually resides in Busan is a fact that the mother of the injured party was living in Busan, not for the purpose of finding the injured party as a victim, but for the purpose of finding employment. In addition, it seems that there is a possibility that the investigative agency stated the defendant's statement in a state of depression or unstable psychological condition in the situation where the investigative agency designated him as a criminal. Therefore, it is unreasonable to conclude that the whole defense of the accused is false.

9) The initial prosecutor indicted the Defendant to the effect that the Defendant was killed by causing the victim to die due to toxic drug addiction, etc. on the part of the Defendant, including the victim’s drinking water and drinking water, and caused the victim to brut so that he/she was killed by toxic drug addiction. However, on May 3, 2011, the indictment was amended to the effect that he/she was killed by an incurable method.