The case holding that the judgment of the court below which acquitted the defendant who held the murdered knife and led the confession is not in violation of the rules of evidence or it has an incomplete hearing

Defendant 2, who had a knife and consistently led to the confession of the victim to the prosecution, was knife at the court. The Defendant’s statement that knife the knife of the defendant who suffered knife at the time when knife was knife, and that the confession at the investigative agency was not made at will against the truth, is not clear that Defendant 2 could not knife the knife in the clothes when knife was knife, and that knife the knife was sent to the defendant. Even if knife was knife, the knife was not cited by Defendant 2 even before the crime was committed, or whether the Defendant was liable to knife the knife to Defendant 2, and the confession at the investigative agency did not reach a further examination, but rejected the confession at the prosecutor’s office.

Article 383 of the Criminal Procedure Act

Defendant 1 and one other

Prosecutor

Busan District Court Decision 70No121 delivered on July 2, 1970, Decision 70No121 delivered on July 2, 1970

The judgment of the court below on the defendant Kim Jong-sung is reversed, and the case on this part is remanded to the Gwangju High Court. The defendant Kim Jong-il's appeal is dismissed.

One hundred days of detention days after the appeal shall be included in the original sentence of the above accused.

First, the Prosecutor’s ground of appeal against Defendant 1 is examined as follows.

According to the judgment of the court below, it is hard to find Defendant 1 and the defendant 2's new prosecutor's office guilty on the following grounds: (a) the victim, who was living in Gwangju High School, was 2 years old at his father and the defendant 2; (b) the non-indicted 1 was aware that he would drive 5 meters away from the defendant 1; and (c) the non-indicted 1 was frightening down in his clothes (No. 6) so far as he was frightened by the defendant 1 and frightened by the defendant 2 at the time of his death; and (d) the victim's new prosecutor's office's testimony was insufficient to find the defendant 1 and frightened by the defendant 2 at the time of his death.

However, as shown in the above (1) it is not clear that Defendant 1 suffered knife knife knife knife that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife before the crime was committed, or even before the crime was committed, it cannot be known whether Defendant 1 was knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

The following grounds of appeal are examined as follows: The father, father, and Kim Jong-il of a person with parental authority who is the legal representative:

Examining the timely evidence of the judgment of the court of first instance cited by the court below in light of the records, thereby sufficiently recognizing the Defendants’ joint robbery and criminal acts. Therefore, it cannot be discussed or employed because it does not constitute a legitimate reason for misunderstanding of facts or an unreasonable sentencing argument.

Therefore, the appeal of defendant Kim Jong-il shall be dismissed, and one hundred days of detention days after the appeal shall be included in the original sentence of the defendant, and the judgment of the court below as to defendant Kim Jong-sung shall be reversed and remanded. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng