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

"When clear evidence is newly discovered" under Article 420 subparagraph 5 of the Criminal Procedure Act refers to the time new evidence having superior value of evidence in light of the empirical rule or logical rule compared to the probative value of evidence stated in the final judgment as fact-finding data. It cannot be said that it is merely a subject of the court's free evaluation of evidence by free evaluation of evidence.

Article 420 subparagraph 5 of the Criminal Procedure Act

Supreme Court Order 84Mo34 Dated June 13, 1984

Defendant

Daejeon District Court Order 84Ro1 dated March 16, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

When clear evidence to acknowledge innocence or acquittal of a person who has been pronounced guilty under Article 420 subparagraph 5 of the Criminal Procedure Act is newly discovered from a person who has received a report of innocence or acquittal of a punishment than a crime recognized by the original judgment or a new evidence to acknowledge a crime, which has superior value in light of the empirical rule or logical rule compared to the probative value of evidence stated in the final judgment in the final judgment, is nothing more than a matter of fact finding in the final judgment. Moreover, it is nothing more than a matter of fact finding in the final judgment, and evidence which could not be sufficiently utilized due to the circumstances of the defendant is also subject to the court's free evaluation, or evidence which could not be submitted even if the appellant knew or knew of the existence during the final judgment procedure. (In that sense, a passport certifying departure from the Republic of Korea is based on the person who was the director of the company, and thus cannot constitute such evidence), so the final judgment cannot be deemed as a new evidence which could objectively prevail in the determination of the value of such evidence, and therefore, the court's decision to dismiss the request for retrial cannot be justified and reasonable.

Therefore, the reappeal is dismissed by unanimous opinion of all participating Justices. It is so decided as per Disposition.

Justices Lee Il-young (Presiding Justice)