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(영문) 서울남부지방법원 2015.07.23 2015노353
특수절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case is not sufficient to readily conclude that the Defendant committed each of the crimes of this case without having committed each of the crimes of this case and detection of the same gene type as the Defendant’s gene type at each of the crimes of this case, but the lower court erred by misapprehending the facts, thereby convicting the Defendant of the facts charged of this case.

2. Determination

A. In the event that the scientific evidence method, such as genetic testing and blood type tests, proves that all the facts premised on such method are true and that the method of reasoning is deemed to be so severe that it would have no possibility of mistake or disregard, a judge has a substantial binding force in conducting fact-finding, and thus, it is not permissible to dismiss such facts without any reasonable ground even if the authority of fact-finding is exclusive (see, e.g., Supreme Court Decision 2007Do1950, May 10, 2007). If the scientific evidence method exists in all the facts about the crime in question and the passive facts contrary to the positive evidence method, it shall be determined by comprehensively taking into account the possibility and degree of error that may arise from the result of the analysis by each method of evidence, the content of the fact proved by such method, and it shall not be easily possible to reverse the facts proved by the scientific evidence method as to the passive facts that may be reflected due to various variables.

(See Supreme Court Decision 2008Do8486 Decided March 12, 2009). B.

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the kitchen loss collected at the site of the larceny crime committed on September 11, 2009, and the kitchen loss collected at the site of the murder and larceny committed on September 28, 2010.

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