The case reversing the judgment of the court of first instance and finding the defendant not guilty on the grounds that there are doubts about the probative value of various circumstances, such as presumption of time of death and on-site situations following the autopsy.

The case reversing the judgment of the first instance which convicted the defendant of the crime of murder and acquitted the defendant on the ground that there exists a reasonable doubt that the defendant could not be a criminal in various respects, on the grounds that the body perception and the body dog that the victim was presumed to have died in time together with the defendant showed both sides, but it cannot be readily determined as such, and that the analysis of the result of disguised examination based on the unilateral trend of the police that the victim had an influence on the state of the river, and that the victim did not drink, it is difficult to believe the probative value thereof, and that there exists a reasonable doubt that the defendant could not have been a criminal in many respects.

Article 308 of the Criminal Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Defendant

Defendant

Attorneys Kim Chang-gu et al.

Seoul District Court Decision 95Gohap228 delivered on February 23, 1996

The judgment of the court below is reversed.

The defendant shall be innocent.

The summary of this decision shall be published.

1. Summary of the grounds for appeal by the defendant and his defense counsel;

Although the defendant did not murder the victim 1 and the victim 2 of his wife as stated in the judgment of the court below, the court below found the defendant guilty on the ground of the doubtful evidence, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts.

2. Determination on the grounds for appeal

A. Summary of the facts charged acknowledged by the court below by embodying the facts charged

피고인은 1987. 전북대 의대를 졸업한 후 1987. 3.부터 서울에 있는 이대부속 동대문병원에서 근무하던 중 내성적이고 조용하며 참을성이 많은 성격의 피고인과 적극적이고 활달한 성격의 피해자 1(만 30세)이 잘 맞다고 생각한 위 병원 간호사인 위 피해자 1의 언니 공소외 1의 소개로 1988. 겨울쯤 연세대학교 치과대학 본과 2학년에 재학중인 위 피해자 1을 알게 되어 1989. 11. 1. 결혼을 하였고 1992. 2. 군에 입대하여 1992. 4. 27.부터 1995. 4. 27.까지 강릉시에 있는 명병원에서 공중보건의로 근무하였으며 1995. 6. 12. 서울 강서구 (상세주소 생략)에 피고인외과의원을 개원하였고, 위 피해자 1은 1991. 2. 25. 연세대 치과대학을 졸업하고 같은 해 6. 10.부터 1992. 6. 10.까지 서울 마포구청 보건소 치과의사로 근무하다가 1992. 6. 12.경 서울 은평구 불광동 (상세주소 생략)에 (상호 생략)치과를 개원하였는데, 결혼 초기 위 피해자 1이 학생이라 피고인을 뒷바라지 하기에 적절치 않다는 이유로 시가에서 위 피해자 1을 탐탁하게 여기지 않은 면이 있었고 결혼 후 피고인의 동생인 당시 학생 공소외 2, 당시 회사원인 공소외 3과 함께 살던 중 위 피해자 1과 위 공소외 2 등이 원만하게 지내지 못해 1년 만에 위 공소외 2 등과 헤어져 살게 되면서 시가와 위 피해자 1의 관계가 멀어졌으며, 남달리 돈에 집착하고 금전문제에 철저한 위 피해자 1이 장남인 피고인 때문에 시가로부터 경제적인 도움을 장차 요구당할 것을 미리 경계하는 등으로 돈 문제로 많이 힘들어 하면서 불만을 가지는 등 시가와 위 피해자 1과의 관계가 더 멀어져 피고인이 그 사이에서 무척 힘이 들었고, 위 공소외 3이 전주로 내려간 후 1991. 3. 19.경 죽고 그 충격으로 부(부)인 공소외 4이 정신질환을 앓게 되자 그 자책감으로 상당히 괴로워 하던 중 이혼까지 거론되는 등 피고인과 위 피해자 1과의 관계도 상당 기간 갈등이 있었을 뿐만 아니라, 매사에 적극적이고 활발하지만 독선적일 만큼 자기주장이 강하고 고집이 세며 이기적인 위 피해자 1이 집안의 경제적인 면을 모두 혼자서 관리하며 매사를 피고인의 의견보다는 자신의 뜻대로 처리하여도 피고인의 성격 및 수입의 정도와 관리의 관심 등에 관한 현실적인 경제적인 열등한 위치 때문에 위 피해자 1의 뜻에 거의 그대로 따르는 등 위 피해자 1과 형식적으로는 피고인이 인내하여 별 문제가 없는 부부로서의 관계를 유지하여 왔으나 실질적으로 굴종적 불평등의 관계에 다름아니어서 피고인이 부지불식간에 감정적으로 억압된 의식적, 무의식적 증오심과 불만을 품어왔으며, 피고인이 위 명병원에서 근무를 하던 별거기간 동안 피해자 1의 몇 차례의 외박 등으로 위 (상호 생략)치과 인테리어공사를 하였던 공소외 5와의 깊은 관계를 짐작하였는데 그 후 약 2년간 받으면 그냥 끊는 전화가 계속 오자 위 피해자 1이 위 공소외 5와의 관계를 지속적으로 유지하고 있는 것으로 의심하는 한편 결혼 후 4년 여만인 1994. 5. 26. 뒤늦게 출산한 피해자 2(만 1세)가 피고인의 친자가 아닐지도 모른다는 일말의 의심을 내심 가지고 있었고, 외과의원을 개원하는 과정에서도 외과의 전망이 좋지 않다는 이유로 종합병원에의 취직을 원하는 위 피해자 1과 사이에 다툼이 있었으며 위 피해자 1이 개업비용을 대부분 금융기관으로부터 대출을 받아 마련하면서 피고인에 대하여 불만을 가지고 있어 피고인도 개업과 관련한 불편한 심기를 가지고 있는 등으로 피고인의 위 피해자 1에 대한 잠재적 감정이 어떤 계기를 만나 폭발할 가능성이 있던 중,

(1) 1995. 6. 11. 21:00경 서울 은평구 불광동 미성아파트 (동·호수 생략) 피고인의 집에 도착하여 위 피해자 2에게 우유를 먹여 잠을 재운 후 누나인 공소외 6으로부터 안부 전화를 받고 같은 날 21:30경부터 위 피해자 1과 함께 쌀밥, 쇠고기국, 오징어채무침, 김치, 깻잎조림, 조기 등으로 식사를 한 다음 식기세척기를 사용하여 설거지를 하였고, 같은 날 22:30경 공소외 1과 위 피해자 1 사이의 피고인 개원과 관련한 식사약속에 대한 전화통화를 들은 후인 1995. 6. 11. 23:30경부터 다음 날인 같은 달 12. 06:30경 사이에 위 피해자 1과 어떤 언쟁(피고인의 누나인 공소외 6이 피고인의 외과의원에 시간제로 일하는 문제에 관한 언쟁이 아닌가 한다)이 발생하여 다투다가 그 다툼이 확대되어 위 피해자 1로부터 시가나 경제적인 문제 혹은 공소외 5와의 관계 등에 관련된 부분에 관하여 극단적인 모욕적 언사를 당하자 위와 같이 누적된 억압잠재감정이 폭발한 나머지 위 피해자 1을 살해할 마음을 먹고 잠시 다툼이 중지되어 서로 떨어져 있는 사이에 이 피해자 1 몰래 거실 베란다의 커튼 줄을 끊어 살해도구를 준비한 다음 무방비 상태에 있던 위 피해자 1에게 다가가 등쪽으로부터 목 앞부분에 위 줄을 걸고 뒤에서 묶어 두손으로 힘껏 잡아당겨 졸라서 위 피해자 1을 살해하고, 상당 시간 후 위 피해자 2도 그 장래 등 여러 사정을 고려할 때 차라리 살해하는 것이 낫다고 엄청난 상황 혼란에 따른 오판을 하고 위 줄보다 가는 어떤 줄로 목을 졸라서 위 피해자 2를 살해하고,

(2) As above, after the death of the victims and the suspicion of the defendant, the method of avoiding the suspicion of the defendant was examined, the building used for human residence was destroyed by putting the above apartment inside the house used by the defendant and the victims, with the purpose of having them go slowly in the above apartment, and making them married to the investigation by setting the garments located in the middle clothes inside the house located in the 07:00 on the same day, and opening several gates and opening the clothes door in the above apartment house, which was sealed around the time of his work at around 07:00 on the same day.

B. The judgment of the court below

The court below found the defendant guilty based on the evidences of the case, and there are many points that the court below seems to be the ground for its judgment are as follows.

(1)Presumption of the time of death as a result of the corpse appraisal;

(A) Presumption by the beginning of the

In the case of this recommendation, the victim 1's right-to-hand side of the victim 1, who was first taken place at around 11:30 on June 13, 199, still remains at the time of autopsy conducted between 10:40-11:25 on June 13, 200, and the both sides-to-8 hours after the lapse of 6-8 hours. Thus, the victim 1's death time is presumed to be from 01:30 on June 12, 200 to 06:30 on June 12, 200, since the victim 1's opinion on the English legal science (Keith Master), it is applied, and it may be presumed that the body might have been abandoned, but considering that the body might have been changed on June 23:0 on June 11, 200 to 0:0 on June 12, 200.

(b) Estimated by a lecture;

The victim 1's vision shows a strong phenomenon even before the death of the body, and it is presumed that the lectures of the body at the time of death did not occur after the artificial rate. Therefore, the death time is presumed to be before 03:30-4:30 on June 12, 196.

(C) Presumption by the Minister’s content

The injured party 1's disguised residues is presumed to be food and drinked on June 11, 21, 21:30, in light of the contents, and the time of the injured party 1's death is presumed to be prior to June 12, 200, at the latest.

(2) The result of the examination of a false horses (not cited as evidence of the first instance court, but only one of the evidence produced by the prosecutor).

As a result of conducting a false horse detection test for the accused by using the tension screening Act, one victim who is not known to him/her was killed (04:0), the place (living room), and the time (4 hours) during which he/she was killed.

(3) Estimation of the time of outbreak

In light of the field circumstances, it is judged that the so-called sloaking phenomenon was found in the process of burning the upper part of the sloaking in accordance with the clothes which were sloaked and were sloaked in the aftermath of the sloaking, after sloaking the clothes at the bottom of the sloaking, and then burning the sloaking door by opening the sloaking door, and burning the upper part of the sloaking door. The so-called sloaking phenomenon was found in the process of sloaking the sloaking sloaking of the sloaking in the sloaking room at the sloaking room at the sloaking time. The sloaking is common, and it is presumed that the first time of the sloaking that the sloaking type, which is a computer sloaking program, was conducted more than 08:20,007 ploaking.

(4) The authenticity of the defendant's legal domicile is suspected in light of field conditions, etc.

(A) Status of milk and disposable distribution;

With regard to the victim 1’s work opening and attending school, the victim 2 took care of Nonindicted 7, 200, at the time of leaving school and leaving school. At this time, Nonindicted 7, 2, a single minute distribution unit without mixing three fluences and reasoning. At this time, the victim 2, around 9:00 at night, around 12:00, around 6:00, at night, 12:00, 2000, 12:00, 2:00, 1:00, 2:00, 1:00, and 3:0, and 1:0,000, 2:00, and 1:0,000, and 1:0,000, were placed on the part of Nonindicted 7, and 2:0,000, 2,000, were 1,000,000, and 2,000,00.

(b) The condition of kitchens, kitchens, and kitchens;

The victim 1 ambling a day, ambling a ambryer, washing it, making it difficult to ambling the next day. If the defendant and the victim 1 ambling as the change of the defendant, the defendant and the victim 1 ambling must have a ambry and boom, etc. But only the ambry used on the preceding day during the food washing machine, and there are no ambry in the ambry and scambing. In addition, the ambrys contained water in the ambry in the scambry in water, and there are no other scambry in the water, etc., the defendant 6.12. In addition, there was no other reason that the defendant scambling the ambry, etc., which was flabing at the early 20th day, and there was no other reason that the defendant scambling the defendant's embry in the old 2nd day.

(C) The state of toilets

The Defendant stated that he saw the shower on the day of the instant case, and thereafter the victim 1 was shower. However, at the time of on-site inspection around 1:30 on June 12, 199, the wall attachment was not observed due to the water shock on the wall of the toilet.

(5) The Defendant’s motive for murder

(A) An inhuman relationship between the victim 1 and the non-indicted 5

The defendant was almost the same victim's telephone conversations with the victim 1 every day during his/her work in Gangnam, and when the victim 1 was able to get a phone during his/her speech with the victim 5, the victim 1 was accompanied by the non-indicted 5, and the victim 1 also asked him/her about the surrounding relationship because he/she has no distance, such as introducing him/her at a place where he/she was friendly with the victim 5, and introducing him/her to his/her friendship, etc., and the victim 1 also introduced the non-indicted 5. When the victim 1 was under his/her dental surgery, the victim 1 was good for reporting Non-indicted 5 who was suffering from the disease late at night, and the defendant was aware of the fact of the victim 1's external stay by telephone (the defendant did not notify the victim 1's outer stay in his/her family, and it seems that he/she was able to know how he/she prepared a computer, etc. between the victim 1 and the victim 5.

(B) Difference between the defendant and the victim 1

On the other hand, when the president of a life hospital where the defendant was detained by the defendant, the victim 1 is active, self-governing, and the relationship between money is thoroughly taking place between his family members. Even if the issue of money is left to the wife, and the defendant, who is the husband, fully cooperates with the defendant until his wife takes place as his will, is written on a written oath to the effect that "if the defendant is detained by the president of the life hospital where the defendant was on his duty, the victim 1 has the nature of telephone to the prosecution, and the victim 1 has the nature of self-governing, and the relationship between money is strong."

(C) A conflict between the victim 1 and the market

When a new coupled coupled with a colon, the victim 1 had a lot of complaints about the same, and the victim 1 had a lot of complaints about the same, and eventually after six months, the number of the defendant's house came to live separately from the defendant's house.In this case, the dong was killed due to 10 months later, and the relationship between the victim 1 and the market price has deteriorated, and there is a high possibility of conflict between the defendant and the defendant.

(6) Crime tools

The string of the strings installed in the bendas, which is well string of the strings, which is well string of the heat reaction by fire, is well before the occurrence of the fire, and it is highly likely to be a tool to commit the crime, in which the string of the strings is made by the victim 1.

(7) The fact that there is little possibility of committing the crime by a third party.

Considering the situation of the scene, contents, etc., it is difficult for the victim to kill the victim from 06:55 to 07:00. Considering that the victim 1 had a brupted period of at least 20 minutes from that time, and that the victim 1 had a string at least 10 minutes of time, and that the victim 1 had a string of the body by taking the victim’s her bath water, and that it is necessary for the victim to have a string of the body. Considering the fact that the fire in this case is a duplicated phenomenon, it is difficult for the victim to kill the victim from 1 to 200. As such, it is difficult for the victim to kill the victim from 3rd and again murder the victim from 1 to 07:0,00, more than 1 to 20,000, more than 1,000 string of the victim’s body than 1,000 string of the victim’s body.

The apartment house in which the case occurred is difficult to be invaded by the outside, and it is obvious by the statement of the security guard that there was no outside delivery on the same day. Therefore, it is difficult to raise the possibility of intrusion by the third party.

C. Determination of party members

(1) The issues of the instant case

Around 06:00 on June 12, 1995, the Defendant was able to start a boomed so that he can look back. At around 07:00, the Defendant appeared to have her son and her kisced from the door, and her kisced from the door, and her kisced at around 2:30 on June 11, 1995, the victim 1 made telephone conversations with Non-Party 1, who was the victim around 06:507:0 on June 22: 22:30 on June 11, 1995, and the fact that the Defendant was going out of the front floor guard around 06:0 on June 22: 30, 196, the issues of the instant case were found to have been able to be proved by the Defendant’s statement of Kim Jong-young, and the Defendant’s motive to murder at around 6:30 on June 12, 2012.

However, the above judgment of the court below should be examined in the following order, since it is difficult to accept it as it is.

(2) Review of evidence adopted by the court below

(A) As to the result of the body appraisal related to presumption of death time

(1) Presumption based on the vision: As the red blood body was combined, the blood body wall was colored by blood color, and the shape of cryphosomes appears in the skin. The body part at which the vision occurs is lower than the skin that is flaped by heavy force, and the body that directly contact the ground, etc. does not occur by pressure. In general, the body part at which the time is 30 minutes to 3 hours after 4-5 hours after 4-5 hours. In general, the body part at the time of the change is dead, and the body part at which a new vision appears (e.g., this movement part).

However, if the body is changed after the lapse of more than time, melting has already started in the body, and the fluenites are also coming into being by blood transfusion and by passing through the blood walls, and the fluenites are not extinguished by the body change. This is generally called the top or fluenites, and generally takes place between 4-5 and 10 hours after the beginning. Since the fluenites still remain in the early stage of the fluenites, it is the both sides of the changed body, as well as the previous parts of the body, and as such, it is said that both sides coexists in both parts of the body.

In this case, in full view of the records of the practical survey report prepared by the court below in the order of Kim Young-chul, the statement at the trial of the witness Kim Young-ro, the above practical survey report (123 pages of investigation records), the photographs taken before the autopsy (9No. 44 pages of investigation records) and the results of verification of the on-site inspection video tape of party members, etc., the victim 1, who was the victim of this case, was kept under the face of the bathing room at the time of discovery, was locked out, and the upper body was cut down to 100, and 140,000,000, and 3:00,000,000, and 1:00,000, and 1:00,000, and 2:00,000,000, and 3:0,000,000,000, and00,00,000,00,00,00,00.

Based on the fact that there is a team remaining in the above large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in which the time of death was estimated based on the above large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the large-scale in the

However, according to the statement of the above decoration and the video of the above photograph, in the case of the autopsy of the body held around 11:30 on June 12, 200, the body part of the body, such as wood, breast, and ship, was observed. On the other hand, in the case of the autopsy conducted around 10:30 on June 13, 200, the body part of the body of the body was completely formed, but the body part of the body of the body of the body of the deceased at the time of the autopsy existed in the time of the autopsy of the body of the deceased. As seen above, if the formation principle of both sides of the body of the deceased president was melted into the body of the deceased and the remaining body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the deceased body of the front body of the front body of the body of the deceased.

In addition, even if the above half-times are both sides of the body in a position lower than the upper part of the body in which knenee is set to the right side while the body was set to the right side, and accordingly, the front part of the other part's body was set to the right side, but the front part of the other part's body has not yet been set to the upper part, it should be viewed as the time when the body melts the body after the death and the body melts the upper part (this is the time when the body melts the body after the death and the body melts the upper part (this is so stated). If the body snee is set to the upper part of the body, the new part of the body snee is more than 4 hours after the death of the body, and if the body snee is set to the upper part of the body snee more than 12 hours after the death of the body, it seems that the new part of the body snee is more than 5 hours after the death of the upper part.

Therefore, from 11:30 to 7:30 on the same day, the possibility of death can not be ruled out.

A witness Lee Jong-chul is presumed to have been formed late due to the influence of force since the body was left the water. Therefore, in this case, since other two appraisers agree to the above opinion, and there is no real case reported as mentioned above, and in light of the principle of formation of the Si, the formation of the Si Ban can be delayed since the formation of the Si Ban can be said to have been formed late due to the influence of force. However, in this case, it is judged that there is no relationship with the father's force as a process of the red blood melting which caused the death and corruption, and thus, it is difficult to believe that there is no difference between the father's force and the 07:0.

Furthermore, the appraisal opinion of legal scholars who estimate the time of death on the basis of a review of the accuracy of the presumption of time is not calculated on the basis of an academic formula, but on the basis of theses that have been observed and reported after the previous phenomenon. In this paper, "the time formed by both sides shall be 7-8 hours after the fact or 4-12 hours after the fact." In general, "the time formed after the fact that the time comes after the fact or part during 7-8 hours after the fact or 4-12 hours after the fact," and the reason why the above time is expressed by dividing it after the fact that the time goes after the fact that the time goes after the fact that the time goes after the fact that the time is completely observed, rather than on the point that it is written after the fact that the above time is 4 hours after the fact that the fixed time of time after the lapse of 50 minutes after the fact that the body of death can be determined by the strict interpretation of the Criminal Procedure Act, it is reasonable to see that the above presumption of death can not be determined by the extent of environmental evidence.

In conclusion, it cannot be readily concluded that the victim 1 died before 07:00 from the house to the house, based on only the starting part of the victim 1 in the situation where the above doubt remains.

③ In light of the fact that the body of the victim 1’s body was found to have been found to have been found to have not been re-educated in light of the fact that the mouth of the body of the victim 1 had been examined and appraised by himself/herself, and that the body of the victim 1 had been artificially removed from the body, and that the body was kept in freezing for 23 hours until the body was kept, even though the body was kept in freezing for 23 hours until the body was conducted, it was not presumed to have occurred. Under the average conditions after the genrified engine, the time required for the body to appear in the telegraph shall be deemed to have taken 6 to 12 hours according to the documents, and 2 to 13 hours according to the minority literature. As such, the time of death was presumed to have taken place only on June 11, 2203:30-6. That being presumed to have not occurred in the body of the victim before the death of the body of the case was presumed to have not been able to have been able to have been presumed to have been 10 days before the body of this case.

Finally, in light of the fact that the victim 1's body is off or not left off, it is judged that the water of the above bath was not hot enough to embed, and considering this, if the time of death is presumed in experience, it is argued that the above 11:30 of the time of death was at least 7-8 hours before the death.

According to the above fact-finding report prepared by the judicial police officer and the statement made by the above appraiser at the trial of the above appraiser, it can be acknowledged that the person who has the largest influence on the body mouth was the temperature, and the body of the victim 1 was set faster than the summer, as seen above, and the body of the victim 1 was set down in the bath tank, but the temperature of the bath tank was unfolded, and the degree of 32∑ was presumed as the result of the examination after measuring the temperature at the time, and the degree was presumed as 32∑ as the result of the examination of the bath tank measurement conducted by the police officer Kim Il-ok et al., the water of 38∑ 32∑ 32∑ 32∑ and the above appraiser's 20 minutes was required. Thus, it is determined that the above appraiser did not have any material about how much the body temperature was fast, and the above appraiser did not have any significant temperature or it did not have any strong temperature under the strong influence of this case.

However, according to the evidence Nos. 6-2 and 6-2 of the medical certificate submitted by the defense counsel at the trial, the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

Then, it is difficult to conclude that the body of the victim 1 did not cause the re-examination because there is no objective ground to conclude it even by the testimony of the 7-8 hours after the completion of the re-examination, and there is a possibility that the re-examination might have been naturally deteriorated by the time of autopsy. Moreover, even if the re-examination did not occur, even if the 7-8 hours after the 7-eight hours after the 7-eight hours after the 200 hours after the 7-8 hours after the 30-8 hours after the 7-8 hours after the 30-8 hours after the 7-8 hours after the 30-year period after the 30-year period after the 30-year period after the 30-year period after the 7-year period after the 30-year period after the 7-year period after the 30-year period after the 30-year period after the 30-year period

Therefore, it is difficult to conclude that the victim 1's death time was 07:00 times due to the presumption of the time of death by the mouth of the above appraiser without considering the temperature.

③ Presumption based on the above content: (a) according to the statement on the presumption of the time of death of an authorized decoration prepared in the original trial; (b) testimony at the trial of the authorized decoration, etc., the contents of which include 350gs as a result of autopsy the victim’s 1.5 hours or more; (c) it is determined that rice weeded, bals, raw meat, fals, distribution, pins, pins, pins, pins, and red powder; (d) food remains in the above and salves; (e) if a fire extinguishing is conducted; (e) a minor meal is presumed to exist in the above and salves; (e) 1.5 hours or 2 hours after eating; (e) 34 hours for ordinary meals; and (e) 46 hours or more for meals; and (e) the victim’s remaining food remains in the above 1.3 hours or more from 0:14 hours after eating the victim’s death.

First of all, since the victim's statement was made 1, there is no evidence that the victim's 6th anniversary of his own food, and that the victim's 1 was not able to see that the victim's 6th anniversary of his own food, it was hard to see that the victim's 1 was able to see that the victim's 6th anniversary of his own food, and that the victim's 6th anniversary of his own food, it was 1,000 won of his own food. However, the defendant's 6th day's 6th day's 6th day's 6th day's ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves ves.

Next, only the misunderstandings used in the preceding day in the food washing machine, but not found in the above washing machine or the scam in the scam, it cannot be ruled out that the scams used in the scambling machine can be used in the scambling box by placing the scambru and bambs in the scambru, and it cannot be ruled out that the scambrus used in the scaming machine still existed on the scam.

According to the testimony of the above appraiser's right decoration and the Yellow Puls, under the premise that the presumption of the death time remains within the above time when the victim 1 had a pulsing, and if the above contents were to be potable at the time of an erosion, the presumption of the death time cannot be maintained (the premise of the appraiser is based on the investigation data provided by the police, and the police at the investigation stage to determine who is the criminal is also the defendant's assertion that the defendant had been killed at the time of the investigation, and at the same time, the police at the time of the investigation stage to determine who is the criminal should request the appraisal in all cases).

오히려 당심 증인 공소외 7의 진술에 의하면, 피해자 1이 6. 11. 친정에 놀러 왔다가 집으로 돌아갈 때 당근과 시금치를 넣어 만든 쌀죽을 바이오 그릇에 한 그릇 싸주었는데 그 날 저녁 21:00경 피해자 1과 전화통화시 피해자 1에게 죽을 먹었느냐고 물어보자 지금 먹었다고 대답하였다는 것이므로, 피해자 1의 위 내용물이 저녁식사시 먹은 것이라면, 위 죽의 성분 중 비교적 단단한 성질의 당근 역시 발견되어야 할 것인데 위 부검시 당근의 흔적이 발견된 바 없다( 공소외 7은 죽을 푹 끓이어 쌀은 형체가 있으나 시금치와 당근은 모두 녹아 형체를 발견할 수 없을 것이라고 진술하나, 당근은 쌀보다 단단한 성질의 것이므로 쌀이 형태가 온전할 정도로 끓인 죽에서는 당근 역시 형태가 그대로 있을 것으로 판단되므로 위 진술은 믿을 수 없다. 또한 위 죽이 모두 소화되어 위에 남지 않았을 가능성도 있으나, 죽을 먹은 것은 21:00 약간 못미치는 시간이고, 저녁식사는 21:30 무렵에 하였으므로 죽을 먹은 지 30－40분 정도 후에 저녁식사를 하였다는 것인데 그렇다면 밥이 상당 부분 위에 남아 있는 경우 죽도 일부분은 발견되어야 정상이라고 할 것이다).

In addition, according to the evidence 6-3, 9, and 11 of evidence submitted by the defense counsel at the trial, the test for measuring the hours of food discharged by the above minister was conducted by inserting radioactive isotopes in food and measuring the remaining quantity per hour. As a result, 235g abundance 235g abundance 33g, 40g abundance 40g abundance 58 minutes-1 hour and 40 minutes abundance 54g, 452g, 1g abundance 662g, and 20g abundance 20g abundance 30g abundance 40g, 1g abundance 20g, and it is difficult to conclude that the above part remains within 20 hours abundance 20 hours abundance 3, and it is reasonable to see that the body of the victim remains within 10 minutes abundance 1 to 20 hours abund.

Finally, according to the witness's testimony at the trial of the above appraiser, if the remaining food remains within the above time, the above time should be deemed to be within a few hours after the meal, not within the meaning that the time has passed, and there is no research report by which the time has elapsed after the meal in the above food form. On the other hand, the food remaining in the above amount may be decomposed after the death. Thus, the examination of the above contents alone cannot be found to have died after a few hours after the meal. Accordingly, the possibility that the result of the above examination of the contents would have died at around 07:00 on June 12, 199, it is not logical to exclude the possibility that the victim 1 died at around 07:30-07:40.

Therefore, it cannot be readily concluded that the victim 1 died before 07:00 from his house to his house on the basis of only the above contents of the victim 1 of this case.

④ Ultimately, the above appraisal result alone cannot be readily concluded that the victim 1 died before June 12, 190, and the possibility that the victim died after 07:00 does not have to be ruled out. Thus, the above appraisal result alone cannot be readily concluded as guilty.

(B) As to the result of the inspection of a false terminal

The result of a false final detection test may be admitted only when it is proved by evidence, such as that the inspector is extremely reliable in the performance, operation technology, etc. of the organization, and that the inspector consented to the examination, and that the inspector faithfully stated the method, process, and result of the examination conducted by the inspector. In this case, the above premise is not proved and the defendant did not consent to it as evidence, so it cannot be admitted as evidence of guilt. Furthermore, the tension point test adopted by the above method of test is required under the premise that the inspector was not present at all in advance, and that he was investigated by the media, small door, and investigation, etc., and that the result was not reliable if the prosecutor was investigated by the defendant. According to the records, it is possible that the defendant was aware of the result of the investigation conducted by the above prosecutor on July 13, 197 when the defendant was examined or was investigated by the above prosecutor, and that the defendant was found guilty of the result of the investigation conducted by the above 40th time after being investigated by the suspect, in particular, at the time of the above 000th time.

(C) As to the evidence related to the presumption of the time of outbreak

According to the testimony of the witness Kim Chang-chul at the trial, the above submarine 1 program was developed to estimate the change of surrounding temperature, postponement, etc. after it was generated as software developed by the US Insurance Association, and to refer to life-saving, etc. at the time of fire. The above program can be predicted by using this to estimate the change of surrounding temperature following the passage of time, the size of the opening, such as the door, windows, etc., the size of the inner door, the area of the opening, such as the windows, etc., the remaining area, the quantity of the inflammable clothes presumed in the remaining quantity, and the distance from the door, etc., the security guards measured the temperature of the pipe by measuring it to 32-34∑, and then, the temperature becomes the temperature of inquiry after several times after fire-fighting.

On the premise that the above input value should be accurate, and that the temperature of the shot pipe was displayed accurately at the time of this case, the above program was input into 1.93 kilograms even though there was no evidence of know about the quantity of the shot light material at the time of this case. In addition, the above program was input of the shot light value subjectively appropriate without any material that can objectively be informed in the process of inputting the shot light value of the opening door, windows, etc., and the above program was measured by measuring the temperature change of the wall surface, with the premise that there was no difference between the temperature of the wall outside the door and the shot light point, and it is difficult to deliver the heat as it is if the shot light view that the shot light view of the fact that there was no difference between the above shot light temperature and the shot light view that the shot light view of the fact that the shot light view of the fact that the shot light temperature is still inconsistent with the above shot light temperature on the day of this case.

Furthermore, the above inspection results are concluded at 06:40-7:10 on the premise that the time of the fire outbreak occurred, under the premise that the time when the early uniform visits 09:10, and whether the time when the early uniform visits is 09:10, there is a statement in an investigative agency and a court of law as evidence corresponding thereto. On the other hand, in full view of the testimony at the night of the Lee Young-gu, the testimony at the trial court of the Lee Young-gu, the investigation report on the fire report in the investigation report on the preparation of the small-be house, etc., the early uniform reported the fire to the fire station, and entered through the multi-use window of the U.S. apartment (house number omitted), and the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door 20: 29: 1.

Therefore, if the result of the above examination that a fire occurred before 2 hours or 2 hours or 30 minutes prior to the opening of the door, the time for presumption of fire occurrence can be calculated as 06:55-07:30, since the time for presumption of fire occurrence can be calculated as 06:5:5-07:30, the result of the above examination would rather result in the possibility that a fire may occur after leaving the house by the defendant.

Therefore, it cannot be readily concluded that the victim 1 died before 07:00 on the basis of the result of the presumption test of fire outbreak.

(D) Determination as to various circumstances that seem to go against the defendant's defense

(1) As to milk and disposable distribution:

먼저, 피해자 1과 피해자 2가 6. 11. 24:00 이전이나 그 무렵 살해된 것으로 추정된다는 논리의 전제가 된 피해자 2의 수유습관(우유를 먹는 시간, 횟수, 양 등)은 할머니인 공소외 7의 진술에 의하여 인정된 것인바, 공소외 7이 피해자 2의 수유습관을 아는 것은 1994. 5. 26. 피해자 2가 태어나서 돌이 지난 1995. 5. 27.까지 할머니인 공소외 7이 피해자 2를 집에서 키운 까닭으로 알게 된 것이다. 그러나 이 사건은 엄마인 피해자 1이 5. 27.부터 6. 11.까지 직접 혼자서 피해자 2를 키우는 동안 발생한 것으로서 피해자 1이 키우는 동안에도 피해자 2의 수유습관이 그대로 유지되었다고 인정할 증거는 공소외 7의 막연한 추측 이외에는 전혀 없으며, 오히려 피해자 1은 별달리 하는 일이 없어 낮에 틈틈이 휴식을 취할 수 있는 공소외 7과는 달리 치과의사로서 아침부터 저녁까지 일을 계속하여야 하 므로 밤에는 잠을 충분히 자야 하는 처지이고, 생후 1년을 지나는 시점은 아기의 수유습관 특히 야간의 수유습관이 변할(예를 들어 그 때까지 밤 동안 3번 정도 깨어나 우유를 먹은 아기라도 돌 이후에는 점차 깨어나는 횟수가 줄어들어 이유가 끝날 무렵에는 밤에 깨어나지 않는 것이 일반적이라 할 것이다) 가능성이 높은 때인 점 등을 감안하면, 피해자 1이 밤 동안 피해자 2에게 수유하는 방법과 횟수는 공소외 7이 기르던 때와는 달라졌을 가능성도 있다고 보아야 할 것이다.

다음, 검찰은 3개의 우유병 중 1개만 사용되었으므로 피해자 1과 피해자 2는 6. 11. 24:00 이전이나 늦어도 그 무렵 사망하였다는 것인바, 과연 3개의 우유병 중 1개만 사용된 것인지 여부에 대하여 보건대, 당원의 현장검증결과에 의하면, 사건 현장에는 부엌식탁 위 쟁반에 젖병 2개가 놓여 있었는데, 그 중 1개는 병과 젖꼭지, 젖병마개가 분리되어 있고, 그 밑바닥에 희미한 우유찌꺼기 같은 것이 말라 붙어 있었으며, 다른 1개는 젖꼭지 등이 결합되어 있었고, 위와 같은 우유찌꺼기 등이 없이 세척된 상태가 유지되어 있는 것으로 보였으며, 부엌싱크대에는 우유병과 젖꼭지를 닦을 수 있는 스폰지 솔과 칫솔 모양의 플라스틱솔 1개가 있었던바, 위 공소외 7의 진술에 의하면 피해자 1에게 젖병을 줄 때 젖병을 끓는 물에 소독한 뒤 병과 젖꼭지, 젖병마개 등을 모두 결합하여 주었다는 것인데, 위와 같은 사정과 저녁식사하기 전인 21:00－21:30 사이에 피해자 2에게 우유를 조금 먹여 재웠다는 피고인의 진술을 종합하면, 피해자 1이 저녁에 우유병 1개에 우유를 타 23:30이나 24:00경까지 위 우유를 모두 먹인 다음 우유찌꺼기가 병에 눌러 붙는 것을 막기 위하여 우유병과 젖꼭지를 분리하여 물로 대강 세척하였거나 아침식사 후 국그릇 등을 세척하면서 우유병도 같이 대강 씻어 식탁 위에 놓았을 가능성도 있다고 보여진다. 그렇지 않으면 왜 우유병 1개의 젖꼭지가 분리되고 병 안에 우유찌꺼기 같은 것이 남아 있는지에 대하여 납득할 만한 이유를 찾기 어렵다. 물론 우유찌꺼기는 공소외 7이 줄 때부터 붙어 있던 것이고, 젖꼭지는 병이 바닥에 떨어지든가 하여 분리된 것이라는 가정을 할 수도 있으나, 공소외 7이 우유병을 솔로 1차 세척한 다음 끓는 물에 소독하여 피해자 1에게 주었다(이 경우 찌꺼기가 그대로 병에 남아 있을 가능성은 별로 없을 것이다)는 점에 비추어 보면, 그 병을 사용하고 물론 대강 씻어 놓았을 가능성이 더 높다고 보여진다.

If so, it is difficult to conclude that the victim 1 and the victim 2 died before November 24:00 solely on the ground of the on-site depression.

Then, it is difficult to believe that the victim's death time can be determined before June 12, 200 with the victim's death time, etc. on or before June 12, 200, that it is based on the non-indicted 7's statement, or that the non-indicted 7 used for the first time of milk distribution at around 03:00, and that it is merely a mere convenition because the non-indicted 7 did not have a direct witness with the defendant's husband's husband's husband's husband's wife. Rather, the victim 1 was 9: 1: 3:00 p.m. on or after the new wall 6:0 p.m., one time between 0:0 p.m. and 7:0 p.m., one time between 0:0 p.m. and 0:0 p.m., one time of milk distribution for the victim's life can not be ruled out if it is less than 1 minute distribution for the victim's first time.

Therefore, it cannot be concluded that the victim 1 et al. died before June 11, 24:00 on the ground that only one minute of the disposable distribution has been used.

(2) Status of the food washing machine;

위 실황조사서의 기재, 증인 공소외 7의 증언과 당원의 현장검증결과 등을 종합하면, 식기세척기 내에 공소외 7, 피해자 1 등이 6. 11. 아침식사시 사용한 유리그릇, 접시, 포크 등이 세척된 상태로 들어 있으며 피해자 1은 저녁식사 후 아침과 저녁에 사용한 그릇을 합하여 식기세척기에 넣고 작동시킨 후 다음 날 아침 위 식기세척기 내의 그릇들을 꺼내어 찬장에 넣는 사실을 인정할 수 있으나, 과연 위와 같은 사실들만으로 피해자 1이 저녁식사만을 하였을 뿐 아침식사를 한 바 없고 피고인이 아침식사를 하였다고 주장하는 것은 거짓이라고 단정할 수 있는지 살피건대, 위 증거들에 의하면, 현장실황조사시 부엌에 있는 식기세척기 상단 칸에는 밥그릇 2개, 국그릇 2개, 접시 3개, 다용도접시 1개, 아기국그릇 1개 등이 있고, 하단 칸에는 유리그릇 1개, 플라스틱망통 1개, 망통 안에 국자 1개, 스푼 3개, 포크 2개, 아기용 스푼 1개, 차스푼 1개, 젓가락 3인분(6개) 등이 꽂혀 있었던 사실, 6. 11. 아침 7:00경 피고인이 먼저 아침식사로 밥과 콩나물국을 먹고 출근하였으며, 그 후 공소외 7은 피해자 1이 유리그릇에 밥을 놓고 카레를 얹어 전자 레인지에 데워 준 것을 먹었으며, 피해자 1과 조카 이보미는 빵을 구워서 접시에 놓고 포크로 먹은 사실, 그 옆에서 피해자 2는 아기그릇과 숟가락으로 먹는 흉내를 내는 장난을 하고 있었던 사실, 6. 11. 21:00경 공소외 7이 피해자 1과 한 전화통화에서 피해자 1이 그 시경 죽을 먹었다고 말한 사실 등을 인정할 수 있고, 위 인정 사실에 저녁을 먹으려고 할 때 누나인 공소외 6으로부터 전화가 걸려와 피해자 1이 먼저 저녁식사를 시작하고 피고인은 전화를 끊은 다음 저녁을 먹었다는 피고인의 진술과 피해자 1의 사체 위 내에 위에서 본 음식물이 잔존하는 점(이 경우 피해자 1이 6. 12. 아침을 먹기 전 죽은 것이라면 저녁식사를 한 것으로 보아야 할 것이다) 등을 더하여 보면, 결국 식기세척기 내에 있어야 할 밥·국그릇과 숟가락 등의 수는 최소한 아침식사시 사용한 밥그릇 1개, 국그릇 1개, 숟가락 2개, 젓가락 2벌, 포크 2개, 아기국그릇 1개, 아기숟가락 1개와 저녁식사시 사용한 밥그릇 2개, 국그릇 2개, 수저 각 2벌을 합한 밥그릇 3개, 국그릇 3개, 숟가락 4개, 젓가락 4벌이 되어야 하고, 피해자 1이 죽을 먹을 때 그릇과 수저를 별도로 사용하였다고 가정하면 그릇 1개, 숟가락 1개, 젓가락 1벌이 추가된다. 따라서 계산상 세척기 내에 있어야 할 밥그릇 1－2개, 국그릇 1개, 수저 2－3벌이 부족하고, 검찰이 제시한 모든 자료들에 의하여도 왜 그와 같은 결과가 나오는지에 대한 납득할 만한 해명을 얻을 수 없다. 위와 같은 상황이 발생할 수 있는 경우를 추론하여 보면, 첫째 피해자 1이 죽을 먹으면서 아기그릇과 숟가락을 사용하고 대신 저녁을 먹지 않았을 경우(이 경우는 피해자 1의 위 내용물이 아침식사시의 음식이라고 보아야 할 것이다), 둘째 피해자 1이 식사시 사용한 그릇 중 일부를 손으로 씻었을 경우(가능성이 희박하기는 하나 만일 그렇다면 피해자 1이 설거지를 함에 있어 식기세척기만을 사용하는 것은 아니라는 것이므로 아침식사를 하고 그 그릇을 손으로 씻었을 가능성 역시 배제할 수 없게 된다), 셋째 아침식사시 식기세척기 내의 그릇을 일부 꺼내어 사용하고 그 그릇을 손으로 씻었을 경우(이 경우는 계산상 국그릇 1개가 부족하나 피해자 1이 혼자서 아침을 먹으면서 국은 냄비채 갖다 먹었을 가능성도 있으므로 이 경우를 전적으로 배제할 수도 없다)를 상정할 수 있는데 그 모든 경우가 피해자 1이 사망하기 전 6. 12. 아침식사를 하였을 가능성이 있다는 것을 의미하는 것이다.

If so, only the situation of the above food washing machine alone, the victim 1 died before the food screening, and the defendant's appeal cannot be concluded to be false.

(3) The state of a bathing room.

Of the evidence presented to the effect that the Defendant’s address was false on June 12, 200, the day of the instant case, the lower court first conducted an experiment on fire booming at No. 2, 104, the place where the instant apartment was generated, which was the place of the instant case, and the method of the experiment on the fire booming at No. 2, 104, and 300, and opened a door 40 minutes after opening the door at the wall of the lower court’s office, which was considerably different from the wall of the instant apartment at the scene of the instant case. However, in light of the result of the experiment at the place where the instant apartment was generated, the Defendant did not have any explicit shape that the Defendant appeared in the wall of the bathing room, which was formed in the shape of frying and artificially removed, and the Defendant did not have any explicit condition that he was able to open the bar room at the time of the instant case and open the bar room at the same time as the entrance of the instant case.

다음 현장검식시 욕실 내 벽면에서 물방울 등 샤워흔적을 발견할 수 없었다는 점은 피고인이 샤워를 할 때 샤워기를 어떤 방향에서 잡아 물을 뿌렸는지, 얼마 동안 샤워를 했는지가 밝혀지고 동일한 온도, 습도하에 같은 방법으로 샤워를 한 경우 샤워 후 수시간여(화재발생으로 연기가 스며들기 시작할 때까지는 2시간 가량, 현장감식시까지는 5시간 정도) 후에도 벽면에 물방울이 뚜렷이 남아 있다는 사실이 실험에 의하여 객관적으로 입증되지 아니한 이상 샤워 후 수시간 내에는 물방울이 마르지 않을 것이라는 막연한 추측만으로 피고인의 변소내용을 거짓으로 단정할 수 없다 할 것이다(만일 벽면에 튄 물방울의 양이 소량이고 수시간의 자연건조 외에 화재의 열기가 더하여졌을 경우에는 육안으로는 식별하기 어려운 정도로 물방울이 건조하였을 가능성이 높다고 보여질 뿐 아니라, 현장감식을 한 김영길도 당심의 증인신문시 욕실의 벽면에는 촉촉할 정도의 습기가 있어 지문의 채취가 불가능하였다고 진술하고 있어 욕실벽면에 상당한 정도의 습기는 있었던 점도 인정된다).

끝으로, 욕조물 온도를 측정한 내용의 박광복 작성의 수사보고의 기재내용은 6. 16. 05:30경 현장 욕실 내의 수도꼭지를 내려진 그 각도대로 올려 물을 받아 온도를 측정한 결과 그 온도가 43°정도였고, 그 온도는 6시간이 경과한 뒤 32°로 떨어졌다는 내용으로서, 검식시로부터 6시간 정도 전인 05:30경 욕조의 물이 받아졌을 것이라는 추정이나, 우선 범인이 물을 받을 때의 수도꼭지 각도를 그대로 유지한 채 내려 물을 잠궜다는 전제에 대한 입증이 없을 뿐 아니라, 당심 증인 오동진의 진술에 의하면, 위 아파트에 공급되는 온수는 계절과 시간에 따라 온도의 차이가 있을 수 있다는 것이므로, 위 실험 결과를 들어 피해자 1 등이 6. 12. 07:00 이전에 사망한 것이라고 단정할 수 없다.

In the end, the above bathing room alone cannot be readily concluded that the defendant's lawsuit is false.

(4) Earlier issues

The prosecutor asserts that the defendant's change of the defendant who 1 was drinking on June 12, 200 is false, because the victim 1 got 2 math early and 2 math of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half.

In addition, the above early early stage was the same as two types of garbage bags, and this treatment of police officers of the above enclosed, and Han Han-chul was found at the bottom of the kitchen by re-surveying the scene on June 19, 190 after the crime. Meanwhile, according to the statement of Kim Sung-young, the apartment security guards, the defendant was found to have worked on June 12, 200 when he goes to work at the day of leaving the kitchen, and after collecting the garbage bags, there was a collection of apartment garbage, such as water bags, bees, pacta, pactae, and carbab, etc., in this case, after collecting the garbage bags, there were two kinds of food garbage such as water bags, bees, bees, pactaba, and so it is difficult to view that the defendant's early salarying occurred until the end of June 11, 200, and if the victim 1 was at the early salarying, and then he could not be seen to have disposed of the waste on June 12, 20001.

Therefore, the defendant's appeal cannot be viewed as false on the ground of the existence of the above early action.

(E) Determination of various evidence related to the motive for crime

The lower court, as an motive for the instant crime, refers to the conflict between the victim 1 and the couple due to the conflict between the victim 1 and the market price, the inconsistency between the Defendant and the victim 1, the inhumanity relationship between the victim 1 and the victim 5, the doubt as to whether the victim 2 is friendly, and the conflict between the victim 1 and the victim 2, the appearance and opening problems, and the conflict between opinions that the Defendant or Nonindicted 6 works at the Defendant hospital. In so determining, first of all, the conflict between the Defendant and the victim 1 and the market price as to whether there was the motive for the instant crime, the lower court did not seem to have reached a significant conflict between the Defendant and the victim 1 and the victim 1, and it did not seem that there was a significant conflict between the Defendant and the victim 1 and the victim 1, and that there was a considerable compromise between the Defendant and the victim 1 and the market price, and that there was no reason to view that there was a lot of conflicts between the market price and the victim 1 and the market price.

In addition, according to the statements made by the above non-indicted 7 and non-indicted 1, it is recognized that the victim 1 was gathered on money and was in a thorough nature of monetary issues. Meanwhile, according to the statement made by the witness non-indicted 6 of the party trial witness, since the defendant's parent has property sufficient to maintain his livelihood, the defendant's parent also has no means of living expenses or money, and instead, he provided the defendant with a considerable amount of money at the time of marriage or opening of hospital business, and there is no evidence to prove that there was a dispute between the victim 1 and the market price due to the problem of money as recognized by the court below.

If so, the evidence presented by the court below alone cannot be deemed as a cause of the defendant's homicide with the victim 1 and the market price.

Next, comprehensively taking account of whether the Defendant and the victim 1’s nature cause conflicts between the couple, the Defendant and the victim 1’s statement made by the above Nonindicted Party 1 and Nonindicted Party 7, the victim 1 is active, active, and positive, and positive in the company. The victim 1 is also the head of his own house and the head of his house and the head of his house to the extent of transfer, while the Defendant is aware that there is no usual speech, passive, and strong character, but there is no evidence to acknowledge that the dispute between the husband and the wife occurred in detail due to their nature differences, and rather, according to the statements made by the witness of the above tide, the Defendant and the victim 1 were a good couple in their surroundings. Since such objective circumstance differs completely, it cannot be said that there is no reasonable ground for logic that the sexual nature of the Defendant 1 differs from the male pressure, and that there was no fluenite labor.

Therefore, it cannot be deemed that the nature difference between the defendant and the victim 1 has become an motive for the crime.

Then, as to whether the Defendant was the motive for committing the crime between the victim 1 and the non-indicted 5, the non-indicted 5’s non-indicted 1 was aware of the fact that the Defendant was the victim’s non-indicted 5’s accident, and the non-indicted 5’s non-indicted 5’s non-indicted 5’s non-indicted 5’s non-indicted 1’s husband’s statement, and the content of the non-indicted 79’s letter that was seized (170 pages of the investigation record) and the record were gathered, the Defendant was aware of the victim’s non-indicted 5’s non-indicted 5’s non-indicted 5’s non-indicted 5’s non-indicted 5’s non-indicted 5’s non-indicted 5’s non-indicted 5’s oral and non-indicted 5’s non-indicted 5’s non-indicted 1’s non-indicted 5’s non-indicted 1’s non-indicted 1’s family relation.

Therefore, it cannot be readily concluded that the non-wheeled relationship between the victim 1 and the non-indicted 5 was the motive for the crime of this case.

끝으로, 피고인의 누이인 공소외 6의 병원취업 문제가 범의를 일으킨 직접적 동기가 되었는지에 대하여 보건대, 공소외 1, 공소외 7의 진술에 의하여도, 시댁식구가 병원 운영에 관여하려는 것을 피해자 1이 알았다면 화를 내었을 것이라는 추측만이 있을 뿐 실제 위 문제로 다툼이 발생하였다고 인정할 증거는 전혀 없으며, 오히려 공소외 6의 당심에서의 진술에 의하면, 피해자 1과 둘이 만나 이야기 하던 중 피해자 1이 피고인의 개업자금을 마련하였다는 말을 듣고 고맙고 미안한 마음에 인사로 도와줄 일이 있으면 돕고 싶다는 이야기를 피해자 1에게 한 일은 있으나 사실은 남편의 반대와 자식들의 부양 때문에 직장일을 할 처지도 아니며, 위 말을 들은 피해자 1이 가족이 한 병원에서 근무하는 것은 안좋다는 말을 하기에 즉시 그냥 한 이야기라고 말해 주었고, 그 후 사건 전일 피고인이 전화로 그 이야기를 할 때까지는 전혀 그 말이 나온 적이 없는데, 피고인이 누나가 병원에서 일하는 문제는 어렵겠다고 하기에 "무슨 소리냐, 할 수도 없다."고 분명히 이야기하여 주었다는 것이므로, 공소외 6의 문제로 피고인 부부가 다투었을 이유는 별로 없다고 보여진다. 또한 이와 같은 이유로 말다툼이 생겨 그것이 살해에 이를 정도로 격심한 다툼으로 발전한 것이라면, 외향적인 피해자 1의 성격상 다투는 소리가 이웃에 들릴 정도로 큰 소리를 질렀으리라고 추측되고 그 경우 방음장치가 부실한 위 미성아파트 인근 주민 중 누군가는 그 다투는 소리를 들었을 것으로 보이는데(경찰조사에 의하여 6. 11. 밤 910호에서 부부싸움을 한 내용을 908호 거주자가 들은 사실도 밝혀졌다). 이 사건 미성아파트 (아파트호수 생략) 거주자인 최영숙의 진술에 의하면 6. 12. 02:00경까지 깨어 있었음에도 윗집인 (아파트호수 생략)에서 나는 어떤 소리도 듣지 못하였다는 것이다. 따라서 공소외 6의 문제로 피고인 부부 사이에 다툼이 시작되고 그것이 이 건 범행의 동기가 되었다고 인정할 수 없다.

Ultimately, the evidence produced by the court below alone cannot be recognized as the motive for the crime of this case and there is no other evidence to acknowledge it. Rather, the defendant, who has a social status as a doctor, completed a separate life due to military service and living together with his wife and mother, shall be 70 days before he was living abroad, and shall be accompanied by his wife and mother, and if he was killed by his wife and his father, he must objectively prove the motive for the crime that can be objectively satisfied. However, as seen above, it can be seen that the crime of this case is likely to be a third party's crime of this case, and that there was no clear motive for the crime of this case.

(f) As to the pressing which is classified as a criminal tool

Comprehensively taking account of the images of a photograph attached to the statement and records of gambling (8No. 385 pages of investigation records), it is presumed that it is difficult for the defendant to use the above shoulder as a tool for the crime of this case because it is difficult for him to use it as a tool for the crime of this case, and it is difficult for him to use it as a tool for the crime of this case. Furthermore, according to the statement of this case, it is difficult for him to use it as a tool for the crime of this case to use it as a tool for the crime of this case, and it is difficult for him to use it as a tool for the crime of this case to use it as a tool for the crime of this case. Rather, according to the probability that it is difficult to use it as a tool for the victim to use it as a tool for the crime of this case, it is difficult for him to use it as a tool for the victim to use it as a tool for the crime of this case.

In addition, Nonindicted 7 made a statement to the effect that the above pressing was not less than June 11, that it was well fright at the time of committing the crime. However, there is doubt as to whether Nonindicted 7 directly witnessed on June 11, 200 and made the above statements. This is because Nonindicted 7’s statement made on June 10, 21:00, it is hard to conclude that there was a reason or time to confirm the pressing with the victim at around 10:0 of the following day, and that it was not easy to conclude that it was a fire-rested one, and that it was not easy to conclude that it was a fire-rested one, and that it was a fire-rested one, and that it was not easy to conclude that it was a fire-rested one, and that it was not a fire-rest one, and that it was not a fire-rested one, and that it was a fire-rested one, and that it was not a fire-rested one, and that it was a fire-rest one’s statement.

Ultimately, even with all evidence submitted by the prosecution, it cannot be concluded that the above pressing is a tool for the crime of this case.

(G) As to the possibility of committing a third party's crime

(1) First, the time of the fire in this case shall be deemed to have occurred.

6. 12. 12. 08: 08: 20 hours out of the guard room, and the first detection was made about about 7-10 stories (the two times of the statement by the police, but the statement was 08:20 times up to the trial court). The reasons for accurately knowing the above time are that it should not be viewed at the time. However, according to the statement of the party, it was found that the above time was delayed, and that there was no possibility that the above time was delayed, 0: 0 hours out of the day of the first time of the time of the arrival of the apartment, and that there was no possibility that the above time was delayed, 0: 0 hours out of the day of the time of the first time of the arrival of the apartment, and that there was no possibility that the above time was delayed, 08: 50 hours out of the time of the time of the first time of the arrival of the apartment, which was marked out by the 710 residents, and that there was no possibility that the above time was about 108:5 hours of the above time of the apartment.

Then, in light of the instant fire situation, etc. confirmed in the field inspection, it is difficult to believe that the instant fire occurred before 07:00 on the ground of the result of the computer Formula test, which presumed the time of the fire as seen above, because the accuracy of the input value is not proven. Therefore, it cannot be determined that the said fire occurred before 07:00 on the ground of the above experiment result, rather than 08:00 on the ground of the possibility that the said fire occurred.

② Considering the fact that there is no possibility for a third party to intrude into the apartment of this case, the apartment of this case is a first place where security guards work on the first floor of the apartment, and it is considerably difficult for security guards to enter the first place for 24 hours to enter the apartment of this case. However, the act of this case cannot be concluded that there is no possibility for a non-defendant to commit the act of this case since it is impossible for security guards to enter the first place for the first floor of the apartment of this case and it is considerably difficult for security guards to enter the second place for the disabled. However, if the security guards look at the entrance side of the apartment of this case, it is deemed that a security guards could intrude into the second place of the apartment of this case. Furthermore, it is determined that there is no possibility for a non-defendant to commit the act of this case.

③ If the instant case was committed by a third party, who is not the Defendant, the Defendant went at a house at around 07:00, and then booms booms, etc., after which the victim 1 scambling, booms, etc. were put in a cleaning house, scambling the victim 1 and the victim 2, scambling the body with the victim 1 and the victim 2, and scambuling the body, and scambling the body with the victim 1’s key. As seen above, in such circumstances, the victim 1’s body may also be found in a partial form of both sidess, and the strength may be completed by a telegraph, and food of the same kind as the remaining body at the time of the autopsy may be found at the time of the autopsy. In other words, all evidence submitted by the prosecution cannot be readily concluded that the above home situation could occur objectively through the evidence.

(4) Of course, if a third party, other than the defendant, commits the crime of this case, the general question remains as to who is to murder the body of this case even though the body of this case was committed after the commission of the crime, and even if there was no yellow dust after the commission of the crime, and the prosecutor bears the burden of proving the guilty. However, in this case where there is no evidence to prove the direct evidence of the crime, such as the witness's fingerprint or blood trace, etc. at a time or after the commission of the crime, there is no possibility of the third party's crime, it is difficult or it is difficult to think of the third party with the motive or it is a third party without any original relationship, and it is sufficient to present doubt that there is no reason to adopt the law on the acceptance of the crime of this case, and it is sufficient to establish that the physical and objective possibility of the third party's crime is impossible in light of the physical and objective situation at a time or on-the-spot situation, etc.

Ultimately, the defendant cannot be found guilty on the ground that the possibility of committing the crime by a third party is extremely low.

(h) Other circumstances under which the defendant is suspected of committing the crime.

Although the Defendant’s her wife and his wife died, Nonindicted 7 appears to have shown a very doubtful attitude that only the possibility of criminal punishment exists, such as not showing any color at all sleeping from the funeral hall, and whether there was a slicking her home to go back to the police station. However, this is against Nonindicted 6’s statement that the Defendant was unable to slicking slicking when she was married without having good meals after the occurrence of the instant case, and it is against Nonindicted 7’s statement that Nonindicted 7 did not slick slicking slicks (the method of displaying slicks is difficult to readily conclude that there was no appraisal of slicking slicks in light of the nature of the funeral hall.), it is difficult to view that Nonindicted 7’s statement was a criminal who was brought back to the police station after being investigated. Accordingly, it cannot be deemed that the Defendant’s statement was an offender.

(i) The circumstances that may see that the defendant’s accusation may be viewed as false.

(1) A store where a victim 1 dies in a pipe of contact lenses.

In full view of the statements made by the above non-indicted 7 and the statement in the actual survey report, the victim 1 died of contact lenses in both eyes, and the victim 1 ordinarily, after deducting contact lenses from the toilet before the victim himself, she begins his operation after the fat, sticking a fat, wearing a fat, wearing a fat fat, wearing a fat, and a pipeing the contact lenses. Thus, the victim 1 is likely to be killed after his fat or fating.

However, if the victim 1 dies before his own house, the victim 1 made a statement to the effect that the victim 1 was locked at around 24:00 when she was in his house (this victim 1 has broken up until late, or around 07:00, the victim must attend school at night and prepare meals to the victim 1's address during night, and there seems to be an exaggerated part of the victim 1's body during night, and there is no possibility that the victim's body might move out to the above 4th time after the victim's body was moved to the above place. Thus, the victim's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body's body'.

Next, if it is assumed that the victim 1 was killed after the accident of the victim 1, considering the victim 1's usual time, the time required for the victim 1 to spawn, eating, and spawn, the time required for the criminal to commit the crime, and the time required for the criminal to put the body into the bath and put the body into the room, etc., the victim 1 is more likely to have been killed after 07:00 of the defendant's defense, such as the defendant's defense, rather than the possibility that the victim 1 would have died before her work.

If so, there is a major proviso that the situation that the victim 1 died with contact lensess in a pipe is likely to be the defendant.

(2) The fact that a herb bed for the use of at least one victim is found in the former resort.

According to the statement of Nonindicted 7 and the statement of the actual survey, it was confirmed that the victim 1 had a 1 string of the medicinal herbs in the field of the instant field inspection. If the victim 1 was killed between 23:30 and 06:30 on June 12, 199, the time of murder should be after the aftermathing of the medicinal herb, and then the victim 1 took care of the medicinal herb, considering the fact that the victim 1 took care of the meals that occurred at 7:0 p.m. and goes to work at 8:8 hours, it is presumed that the victim 1 took care of the medicinal herb at the latest 30 minutes after the eating and the latest 1:0 p.m. time of the instant field inspection. If the victim 1 was killed between 23:30 and 06:30 on June 12, 199, the time of murder should be after the eating, and there is no possibility that there is any medicinal herb within the 1string.

(3) As above, there remain questions about whether the Defendant is deemed an offender of the instant case. As such, prior to such questions, the Defendant’s lawsuit cannot be readily rejected and the Defendant cannot be readily concluded as a criminal defendant.

3. Conclusion

In a criminal trial, the recognition of conviction should be based on strict evidence with probative value, which causes a judge to have no reasonable doubt, and if there is no such evidence, it is a position that the judgment should be based on the interest of the defendant even if there is a doubt about the defendant's guilt, is consistent with the principle of criminal law and our Supreme Court rulings.

In the instant case, there are various circumstances, such as presumption of death time according to the autopsy, washing machines, and the field situation of fluories, etc., which are suspected of the Defendant. However, as seen above, there are various questions about the probative value of the evidence in many respects as seen above, and there are other circumstances that may be doubting that the Defendant may not be the offender. As such, it is impossible to readily conclude the Defendant guilty solely on the fluor evidence of the lower court, where there is no evidence, such as the location and fingerprints of the auxiliary key used by the Defendant 1, who was presumed to have taken out the door, and the fluor of blood transfusion, in which there is no evidence supporting the Defendant’s conviction.

Therefore, the judgment of the court below which found the defendant guilty on the ground of the above-mentioned doubtful evidence is erroneous in finding facts and thereby affecting the conclusion of the judgment. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is so decided as follows.

The summary of the facts charged in the instant case is as indicated above 2. A. As such, there is no evidence to acknowledge this as seen above, and eventually, the facts charged constitute a case where there is no evidence to prove a crime, and thus, a not-guilty verdict is rendered under the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is announced in accordance with Article

It is so decided as per Disposition for the above reasons.

Judges Gangnam-gu (Presiding Judge)