(영문) 대전고등법원 2020.8.10. 선고 2017노202 판결

Defendant shall be punished by imprisonment without prison labor for two years. The charge of fraud among the facts charged in the instant case shall be acquitted.

Reasons

1. Summary of grounds for appeal;

According to the evidence submitted by the prosecutor, although the defendant could fully recognize the fact that he intentionally caused an accident with an intention to receive approximately KRW 9.5 billion and murdered the victim, and acquired the insurance money by pretending the above intentional accident as a simple traffic accident, the court below erred by misapprehending the fact and acquitted the defendant of the facts charged.

2. Ex officio determination

In the trial prior to remand, the prosecutor has maintained the original facts charged, but only partially changed as stated in the revised facts charged with murder, and applied for the amendment of the indictment with the following additional contents as stated in the facts charged, the name of the crime, "Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents", "Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act", and "Article 268 of the Criminal Act" in the applicable provisions. Since the trial prior to remand is subject to the above amendment of the indictment, the judgment of the court below is no longer maintained in this respect.

However, the prosecutor's assertion of misconception of facts about the portion not guilty (the point of murder and the point of fraud premised on it) at the time of the original adjudication is still subject to the judgment of this court as the grounds for appeal, even though the above reasons for reversal of authority exist, and this is to be examined.

【Revised Main Prosecution】

On October 9, 1998, the Defendant married with H, the first deniedr on April 3, 2001, but the agreement was married with I on September 26, 2005, the second deniedr on September 26, 2005, but divorced by the court’s recommendation for reconciliation on April 4, 2007. At January 21, 2008, the Defendant married with the victim of Cambodia’s nationality (n, 24 years, 7 months) (n, 24 years, and 7 months). On November 6, 2013, the victim changed from J’s “J” to “K” on March 12, 2014 after acquiring the nationality of the Republic of Korea on November 6, 2013.

On June 20, 2008, the Defendant subscribed the insured to LM with the victim and the beneficiary as the Defendant, and around June 5, 2014, the insured was the victim and the beneficiary as the Defendant and subscribed to NO with the maximum amount of KRW 3.1 billion in the event of the death of the insured, and then up to June 2014, the Defendant subscribed to 11 insurance companies, such as L, N, P, and post offices, with the victim and the beneficiary as the Defendant, and paid approximately KRW 3.6 million in total every month with the victim’s insurance premium.

From around 2007, the Defendant received total of KRW 316,924,020 from an insurance company, etc. to which the Defendant and his family members joined and used them as insurance premiums, loans, living expenses, etc. due to economic difficulties such as the payment of insurance premiums, living expenses, etc., the Defendant was willing to kill the victim by forging the traffic accident for the purpose of receiving approximately KRW 9.5 billion insurance money according to the insurance contract subscribed as the insured.

On August 23, 2014, the Defendant: (a) discovered the fact that the victim, who had worn a safety labelling at the right edge of the Gyeongan Highway located in the 03:41 on August 23, 2014, was parked in QBA car on the five-lane road (sideway) while driving on the 5-lane of the 5-lane of the 5-lane of the 5-lane of the 5-lane of the 5-lane of the Gyeongan Expressway, while not wearing the safety labelling, caused the victim to die by a low blood shock, etc. after intentionally drilling the front right edge of the said BA car on the left edge of the said cargo.

Accordingly, the Defendant murdered the victim.

[Additional Preliminary Facts]

The Defendant is a person who is engaged in driving service of QBA.

On August 23, 2014, at around 03:41, the Defendant was driving along five lanes near 335.9km on the lower side of the border road located on a river. Since at night and vehicles are driving or stopping on an expressway at night, the Defendant had a duty of care to safely drive the vehicle to prevent accidents by driving the vehicle in advance by safely examining the front, rear, and rear left, while driving the vehicle.

Nevertheless, the Defendant neglected to drive his vehicle while driving the vehicle on the front side of the five-lane road in the front direction, and received the front right side part of the 8-ton cargo vehicle in the rear left side of the said BA vehicle, which is driven by R, which is parked in the emergency stop zone adjacent to the five-lane road.

Ultimately, the Defendant caused the death of the Victim K (the 24 years of age, the 7 months of age, and the 7 months of pregnancy) who was on the top of the above BA due to the above occupational negligence, such as a low blood shock.

3. Progress of litigation.

A. The lower court rendered a not-guilty verdict on murder, which was the facts charged prior to the instant amendment, and the fraud premised on it, and the prosecutor appealed on the ground of mistake of facts.

B. In light of the following circumstances: (a) prior to the remanding of the case, the Prosecutor’s amendment of the indictment was permitted, and the Prosecutor’s appeal was accepted; (b) the Defendant could receive a large amount of death insurance amount of KRW 9.5 billion if the victim died due to an accident, the Defendant’s primary motive for the instant crime; (c) the instant vehicle was raised by BA joint driver (hereinafter “instant vehicle”) operated by the Defendant at the time of the instant accident; (d) the instant vehicle conflicts with the Defendant’s right to enter the emergency stop vehicle by driving the vehicle in front of the entrance of the emergency stop vehicle where the truck stopped, and then going into the direction towards the emergency stop vehicle; and (e) there was an artificial change of the manual of the instant vehicle from KRW 6 to KRW 4; and (e) there was a situation that front by the brake system, the Defendant recognized that there was an indirect error in the misapprehension of the legal principles as to the method of driving and driving of the instant vehicle’s personal knowledge beyond the bounds of the freedom of defense and the charged facts found guilty on the ground that it was unlawful.

C. The Supreme Court accepted the Defendant’s grounds of appeal, and found the Defendant guilty of the primary charges of this case that the Defendant intentionally killed the victim to the extent beyond reasonable doubt solely on the grounds as stated in its reasoning, without thoroughly and thoroughly verifying whether the Defendant’s grounds of appeal and whether there was sufficiently acceptable motive for murder, whether there was any special circumstance to resolve any doubt that may be raised in connection with the selection of the method of crime, and whether the situation at the time of the accident occurred. The judgment prior to the remanding of the case was reversed, on the grounds that the lower court erred by failing to exhaust all necessary deliberations or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, thereby adversely affecting the conclusion of the judgment.”

4. Judgment on the prosecutor's grounds for appeal

A. Relevant legal principles

The recognition of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have no reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the extent that he/she would lead to such conviction, even if there exist circumstances, such as the defendant’s assertion or defense contradictory or uncomfortable fear of guilt, the determination ought to be made as to the benefit of the defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). Meanwhile, even in a case where statutory punishment, such as murder, is grave evidence without direct evidence, the recognition of indirect facts constituting the premise of principal facts ought to be sufficiently proven to the extent that it does not permit a reasonable doubt, and one indirect fact does not conflict with each other, and thus, it is difficult to see that the defendant could have been found guilty in a case where he/she had a superior motive to be found guilty of the crime by taking advantage of logical and empirical rules and scientific rules (see, e.g., Supreme Court Decision 2010Do105)., motive evidence.

On the other hand, Article 8 of the Court Organization Act provides that "any judgment at a trial at a superior court shall bind the lower court with respect to the relevant case," and the latter part of Article 436 (2) of the Civil Procedure Act also provides that any factual and legal judgment which the court of final appeal considers as the ground for reversal shall bind the lower court. Although the Criminal Procedure Act does not provide any corresponding express provision, the court of final appeal, which takes the principle of law, may intervene in the propriety of the lower court's judgment as to fact-finding pursuant to Article 383 or 384 of the Criminal Procedure Act, may be limited to limited intervention of the lower court's decision on fact-finding pursuant to Article 383 or 384 of the same Act. Therefore, in the trial of the relevant case, the court that was remanded from the court of final appeal, shall be bound by the court of final appeal, unless there is any change in the relationship of evidence, which is the ground for reversal of the lower court's final judgment (see, e.g., Supreme Court Decision 2008Do10572).

B. Key issue of the instant case

1) The facts objectively acknowledged in relation to murder, which is the primary charge of the instant case

According to the evidence duly adopted and examined by the court below and the court below, at around 03:41 on August 23, 2014, the part of the front right of the present vehicle was 8 tons of the truck (hereinafter referred to as the "cargo of this case") where the Defendant was driving at five lanes from the five-lanes of the 335.9km of the Gyeongdo-si, the Gyeongdo-si, the Gyeongdo-si, Busan, and the 335.9km away from the 5-lane road of the 335.9km of the 5-lane, and the part of the front right of the present vehicle was 68% away from the left right of the present vehicle, and the front right of the present vehicle was f8% away from the loading of the present cargo vehicle to the front right of the present vehicle, and the accident was found to have occurred that the victim, who was the Defendant’s wife, was the beneficiary at the time of his death.

2) Defendant’s assertion and objective evidence

From the first stage of police investigation, the Defendant consistently asserted that it was caused a sudden accident and that it was not intended to kill the victim intentionally. The objective evidence that could know the situation at the time of the occurrence of the accident lies only in the scene after the occurrence of the accident, except the images taken in CCTV installed at a rest area of an expressway on the opposite side of the area where the accident occurred (hereinafter “the CCTV video”).

3) Issues

In the instant case where there is no objective evidence to establish the facts charged of murder, which is the primary charge of the instant case, the following facts are examined: (a) whether the motive for the Defendant to deem the Defendant to have murdered the victim who is a wife is clearly revealed; (b) whether the instant accident falls under the category of crime method chosen in light of the empirical rule based on the Defendant; (c) whether the instant vehicle is raised at the time of the instant accident; and (d) whether the indirect facts alleged by the prosecutor, such as the course of the instant vehicle; (e) the process of the instant vehicle; (f) the progress of the manual; (f) the artificial change in the manual of the manual, etc. of the instant vehicle; and (f) whether the Defendant intentionally caused the instant accident; (f) whether it may sufficiently support the scientific and precise analysis of the situation at the time of the instant accident due to driving; and (e) whether it is probable that the Defendant could have discovered the victim’s surface with the intention of using new evidence, including the evidence of the instant case, to the extent that it could have been proven that it could have been proven.

C. As to the motive of crime

1) Details of insurance purchased by the Defendant

According to the evidence duly adopted and examined by the court below and the court below, the following facts and circumstances are recognized.

① From the time following the marriage with the victim, the Defendant: (a) as the insured in attached Form 1; and (b) as the beneficiary in the case of the victim’s death, the Defendant or statutory heir entered into 3 insurance contracts with the Defendant or statutory heir. Each insurance listed in attached Table 1(1) to 26 is an insured accident in the instant accident; and (c) each insurance listed in 27 to 33 is not an insured accident in the instant accident.

② Monthly insurance premium paid by the Defendant at the time of the occurrence of the instant accident related to the attached Form 1 (1) is KRW 4,272,156 per month (i.e., KRW 3,600,406 per month insurance premium listed in the attached Form 1 (Attachment 1) Nos. 1 through 26 + KRW 671,750 per month insurance premium listed in the attached Table 1 (Attachment 1) Nos. 27 through 33). If the instant accident is recognized as a traffic accident, the insurance amount to be received by the Defendant shall be estimated to exceed KRW 9.5 billion in total according to each insurance described in the attached Table 1 (Attachment 1) Nos. 1 and 26: Provided, That each insurance mentioned in the attached Table 1 (1) Nos. 3, 8,10, and 24 is paid in installments in the form of installments for a considerable period of time when the victim dies, and there is no policy of lump-sum discount payment.

③ From among the insurances listed in the separate Nos. 1 through 26, all the 22 insurances except for 4 cases of pension insurance (number 7, 12, 21, 22) are the insurance coverage. Each of the insurances listed in Nos. 2, 3, 4, 8, 10, and 20 among the above coverage coverage is the insurance coverage for death, and each of the insurances listed in the above Nos. 2, 3, 8, 10 has a part of investment function as variable social insurance 1). The remainder of the insurances listed in Nos. 1, 5, 6, 9, 11, 13 through 19, 23 through 26 is not only the death of a disaster, but also the insurance coverage that covers death, disease treatment, surgery expenses, cancer treatment, denied treatment, etc.: Provided, That the above 4 insurance coverage functions, other than the above coverage coverage function, but has a part of the insurance coverage function for death, and thus its main function is death.

④ The sum of monthly insurance premiums of savings insurance (number 7, 12, 21, 22, 29, 31) among the attached Table 1 insurance coverage details (1) is KRW 1,437,550, the aggregate of monthly insurance premiums of guarantee insurance is KRW 2,834,60, and the aggregate of monthly insurance premiums of the insurance that covers the instant accident among the above guarantee insurance policies is KRW 2,762,856. (On the other hand, the aggregate of the monthly insurance premiums of each insurance described in the above guarantee insurance policy is KRW 1,412,60,60).

⑤ The Defendant, as indicated in the attached Table 2 (2), as the insured, entered into a multiple insurance contracts with the beneficiary as the Defendant or legal heir. Accordingly, the insurance premium paid by the Defendant at the time of the instant accident was KRW 5,287,509 per month. Of these, 7 savings insurances were 36; 3,379,700; 3,379,700; 1,907,839; and 784,130,00 per month of the guaranteed insurance that the Defendant is the insured.

6. The Defendant’s death insurance money according to the attached Table 2(2) is KRW 542,00,000; KRW 565,00,000 for the death insurance money for large daughters; KRW 20,000 for the death insurance money for small daughters; KRW 195,00,000 for the death insurance money for the Defendant’s husband; KRW 190,000 for the death insurance money for the Defendant’s wife; and KRW 3,000,000 for the death insurance money for the Defendant’s mother’s mother.

7. On the other hand, the insurance contract concluded by the Defendant with the victim as the insured was maintained at the time of the instant accident except for the termination of one pension insurance policy without the death benefit. Some of the insurance contracts that the Defendant himself, T, U, I, etc. insured were terminated after the purchase of the attached Form 3 insurance contract, as stated in the details of the termination of the insurance contract.

8) Until the time of the instant accident, the Defendant’s total insurance premium paid pursuant to the attached Form 1 (1) and the attached Form 2 (2) was KRW 449,316,975, and the total insurance premium paid based on the above insurance amount was KRW 113,894,901, and the total insurance premium paid based on the above insurance amount was KRW 155,440,000. Meanwhile, the total insurance premium paid by the Defendant according to the insurance terminated at the time of the instant accident was KRW 571,971,107, and the total insurance premium paid by the Defendant was KRW 49,862,176, and the total insurance premium paid based on the above insurance amount was KRW 253,489,977, and the termination refund was KRW 94,550,123.

9. The Defendant paid monthly insurance premiums of KRW 9,559,665 and daily living expenses each month with monthly revenue of X-living product stores (hereinafter “the instant household product store”), monthly loan claims against Y, an agreement amounting to KRW 200-5 million per month, and a premium of KRW 9,59,665 based on insurance terms and conditions, etc.

2) Indirect facts suspected of guilty

The following facts and circumstances are acknowledged according to the evidence duly admitted by the court below and the court below.

① The Defendant stated monthly income in each insurance contract as KRW 5 million, and the Z that instead of the Defendant’s return of value-added tax, deemed that monthly income of the Defendant would bring about KRW 10 million. Nevertheless, the Defendant paid KRW 4,272,156, in total, KRW 509, total insurance premium of the insurance premium for which the victim is the insured as well as KRW 5,287,509, as well as KRW 4,272,156, total insurance premium of the insurance premium for which the victim is the insured.

② On April 30, 2013, the Defendant took out a loan of KRW 50 million from AA, but did not pay the principal until the instant accident occurred, and paid monthly interest only. At the time of the instant accident, the Defendant’s principal transaction account was deposited in the insurance terms and conditions or mid-to-under payment each month at the time of the instant accident. At the same time, the monthly insurance premium was deposited in the Defendant’s principal transaction account. On July 11, 2014, part of the amount of KRW 13 million was received from the card loan, and the said insurance loan was remitted to B. On August 14, 2014, the Defendant paid the said card loan and the said insurance terms and conditions. The balance between the Defendant’s AAD association account was 23880,580, AD association account at the time of the instant accident, 3616, 3616, 196, 296, 2016.

③ From April 2014, the Defendant asked AE and AF to pay the money that he/she lent to AE and AF, and the Defendant stated that AF should not be able to perform the Defendant’s funeral for about four to five years.

④ While the Defendant’s insurance policies, which the Defendant himself or other family members as the insured, were terminated, the Defendant, while the insured, maintained most of the guaranteed insurance policies by bearing an insurance premium equivalent to 27.60,000 won per month, in addition to the termination of one of the pension insurance policies.

⑤ From April 2014 to May 2014, the Defendant was recommended to buy an insurance policy from N Insurance Solicitors AG, team leader AH, and business office representatives, and was first recommended to buy an insurance policy, but the Defendant purchased an insurance policy listed in N (Attached No. 1 (Attachment No. 1) No. 8, which covers the victim’s death as an insured event. At the time, the Defendant had already purchased a considerable number of guaranteed insurance policies that the victim is the insured.

6) Although the Defendant’s average monthly income is below the amount of KRW 5 million, the Defendant used the method of collecting or cancelling a standardized contract loan in his/her name. In order to cover this, the Defendant mainly subscribed to savings insurance, while the Defendant subscribed to the insurance with himself/herself as the insured, the insurance with the victim mainly maintained the insurance with the coverage, and the Defendant’s savings coverage and the terms and conditions loans are deemed to have been used in the insurance premium with the victim’s insured status. Since the Defendant used financial benefits through the purchase and termination of the insurance policy, it is difficult to view that the Defendant used the insurance as a means of financial transaction. On the other hand, the Defendant appears to have been aware of the death of the victim at KRW 700,700,000,000,000 in consideration of his/her death. On the other hand, the Defendant appears to have been aware of the death of the victim at KRW 870,700,0000,000,000,000 as the insured.

⑦ AE은 수사기관에서 피고인의 매형이 사망하여 피고인의 누나가 사망보험금을 수령하여 그 돈으로 집을 샀다는 말을 들었다고 진술하였고, 피고인의 형인 AK과 대화하는 과정에서 피고인이 2년 전에 '누나, 돈 벼락 맞는 거 어떻게 생각해?'라고 말한 적이 있다고 진술하기도 하였다.

(8) On May 29, 2008, the Defendant, in a currency with the marketing employee of Cambodia, subscribed to the death insurance with the female female and married female as the insured." At first, when the Defendant solicited the victim to buy the death insurance, the Defendant did not seem to have a great interest because the victim’s age was worse. However, on June 13, 2008, the Defendant was the first insurance with the victim’s insured on June 13, 2008, and subscribed to the insurance listed in [Attachment 1] No. 242] and No. 33.

3) Determination

A) Generally, it cannot be denied that an opportunity for pecuniary gain can be an important motive for committing a crime, such as murder. In particular, it is sufficiently acceptable in light of the empirical rule that an actor may be enticed to commit a criminal act in bad faith and anti-social, by acting as a more strong motive that he/she may obtain. However, as seen earlier, there are various circumstances that are difficult to easily say that the instant accident is a traffic accident intentionally induced. As such, as alleged by the prosecutor, it is necessary for the prosecutor to examine whether the motive for murder can be acknowledged solely on the ground that the receipt of large-amount insurance proceeds is anticipated as alleged by the prosecutor, along with the degree of proof of other indirect facts as alleged by the reason for the intentional accident.

On the other hand, only pecuniary gain becomes an motive for murder is a case where: (a) the offender attempts to gather it even through the extreme method, such as murder, because it is extremely imminent economic difficulties or frightened; or (b) the offender’s personality is a criminal malicious and cruel act that originally takes a desire to search human relations from the original point of view and embris; or (c) pecuniary gain is deemed as a motive for murder only in cases where there are circumstances where it is deemed that the external reason of pecuniary gain is sufficient to prevent the victim from harming pecuniary gain, such as an dives, conflict, or compromise. Moreover, in cases where a criminal is planned as a family member, such as his/her spouse, etc., the criminal act is likely to merely go against humanity, and thus, his/her family relationship and blood relationship, which is the basis of his/her own living, is destroyed, and thus, the criminal act has a strong motive to commit murder, even if having a brush the basis of domestic life.

B) However, in light of the aforementioned legal doctrine, the following circumstances acknowledged by the lower court and the lower court based on the evidence duly admitted and examined by the lower court, the indirect facts and evidence alone, which led to the Defendant to deem that the Defendant killed the victim who was the wife and planned wife, did not clearly reveal the motive for the crime.

① The household goods of this case operated by the Defendant are located in a place where there are a large migratory population in the gold acid, and in April to May of each year, the fireworks, etc. are sold as commemorative days, such as fish Day, etc., in silver, in the winter, and in the winter iron, it seems that considerable income was generated from sales, such as double straw, electric straw, etc., and due to the characteristics of the gold acid community, it is likely that cash transactions were reasonable.

② In light of the statement, etc. by an insurance solicitor that although the Defendant entered monthly income in each insurance contract amount of KRW 5 million, in light of the fact that the policyholder is unable to properly disclose his/her own income, the monthly income of the Defendant cannot be determined solely on the above amount, and the question that the business of the instant household product is not good in recent years is not objectively confirmed.

③ It is true that the Defendant’s statement on monthly income from the investigative agency is inconsistent. However, it is difficult to view that the Defendant’s statement was not accurately made because it was living in a way that the Defendant did not separately manage the account while operating the instant household goods store, and that part of daily income was deposited in the account or kept in part of the instant household goods store, but is short of money, the Defendant’s own monthly income does not seem to have properly predicted the monthly income after using the insurance terms and conditions loans or mid-to-day withdrawals, and then redeems it again through daily income.

④ The Defendant had each claim for loans of KRW 230 million against Y, KRW 100 million against E, and KRW 4.5 million against Y, and KRW 200 to KRW 5 million against Y. From Y, the Defendant was paid monthly agreement at KRW 200 to KRW 5 million.

⑤ The Defendant received a donation from [Attachment] (17,482,00 won as of the officially announced value of 525m, 1,570m officially announced value of 50,554,00 won, 6 parcels outside AP, 2 parcels outside AP, 2 parcels outside AP, and 1,48m2 before Qu in Chungcheongnam-gun, Chungcheongnam-gun) of Gangseo-gu Seoul Metropolitan Government AR ASS (aK appears to be an actual owner, but the Defendant is registered as the owner) and there is also the instant vehicle. The Defendant also has the right to refund the lease deposit for the household goods of this case, 23 million won, etc.

6) The Defendant, as the insurance solicitor solicited, subscribed to the insurance, most of which were included in the principal contract, and the Defendant demanded an insurance solicitor to make a separate special agreement, etc., or to provide additional explanation on the details of the death insurance. In addition, there is no circumstance to deem that there was a clear recognition of the amount of the insurance benefit to be reverted to the Defendant if the insurance accident occurred while properly understanding and understanding the contract and guarantee of the majority of the insurance that the Defendant subscribed.

7) There is no special reason to deem that the Defendant had invested a large amount of money in other businesses before and after the instant case, and there was no special demand for funds, or that the Defendant was in need of raising money in an imminent and urgent manner, such as entertainment expenses and gambling expenses.

8) Although the sum of insurance money to be received by the Defendant due to the death of the victim reaches KRW 9.5 billion, the amount of KRW 5.4 billion among them is not a lump-sum payment, but rather paid by the Defendant with other legal successors of the victim. In addition, insurance that the Defendant subscribed the victim as the insured is not concentrated at the time of the accident of this case, but rather limited to 2 cases every year from 2008 to 2014, which are less than 9 cases. Of them, insurance with the purpose of ensuring pure death is limited to 6 cases, and 4 of which among them has invested or functioned as a variable social insurance. The remainder is either guaranteeing other insurance accidents, such as death, disease treatment, operation expenses, cancer diagnosis and treatment, denial, etc., other insurance accidents other than the death of the victim, or ensuring that the Defendant’s spouse and 4 of this case’s family members including the insured person including the victim’s spouse and 5.2 of this case’s case’s insurance as the insured person including the insured person from 195.

9) As above, the Defendant changed the reason why multiple insurances were subscribed to, as seen earlier, to the effect that: (a) this experience of insurance solicitors’ continuous solicitation, past mother-child surgery, and the benefit of the insurance that was subscribed to, and the need for the insurance after marriage and childbirth with the victim; (b) however, the Defendant, who recommended the Defendant to buy the insurance, was not well refused if he solicits the insurance; and (c) the Defendant was first refused to buy the insurance, as it is unclear that the insurance solicitor, AV, AW, AX, etc. was in the nature of the Defendant and it was unclear that it was difficult for the Defendant to buy the insurance; and (d) the Defendant was also willing to buy souvenirss, gifts, etc. necessary for the insurance business in the context of the instant household product operated by the Defendant and recommended the Defendant to buy the insurance at once; and (e) other insurance solicitors also expressed to the effect that the Defendant was well aware of the insurance and recommended

(10) Insurance money that the Defendant purchased as the insured is less than KRW 10 million through KRW 600,7500,000 and KRW 1-200,000,000,000, which was agreed upon by the victim around June 2008, and KRW 2.76 billion, which was purchased around September 201, and KRW 836,000,000,000, which was purchased at KRW 400,000,000,000, which was more than KRW 60,000,000,000,000,000, which was more than KRW 50,000,000,000,000, and was more than KRW 60,000,00,000,00,000,00,000,000,000.

① Although monthly insurance premiums borne by the Defendant at the time of the instant accident in order to maintain the insurance contract in which the victim was the insured, the monthly insurance premiums paid by the Defendant himself/herself and another family as the insured also amount to KRW 800 to 9 million, the total monthly insurance premiums paid by the Defendant amount to KRW 800,000. However, even if the Defendant had to pay monthly insurance premiums after examining the details of deposits and withdrawals expressed in the Defendant’s account in the name of the Defendant during the period of maintaining each of the above insurance contracts since 2008, the Defendant was obligated to pay monthly insurance premiums. Such factors as difficulty in cash flow or liquidity shortage are unlikely to be observed, and it is difficult to find out any circumstances where multiple insurance contracts were invalidated at once due to the failure to pay the insurance premiums for the said period.

(12) Although the Defendant received a monthly insurance premium from an insurance policy loan or paid a premium by early withdrawal in any case in order to pay the monthly insurance premium, the above insurance policy loan and early withdrawal are paid within the scope of the cancellation refund accumulated by the Defendant according to the insurance contract, the insurance money or the reserve, and thus it is difficult to view it as pure debts. Therefore, it is difficult to view it as pure debts, such as delayed payment of the borrowed money through card theory, etc.

(13) The Defendant has one deposit account in AD Association, AA Association, and post offices. At the time of the instant accident, the total balance falls short of KRW 6 million, and there was no other savings or financial means, such as installment savings, funds, etc., at all. Instead, after the purchase of insurance, it appears that the Defendant used the insurance as a means of financial transaction similar to the deposit or installment savings by frequently using money as necessary, such as lending of insurance terms and conditions, repayment of loans, or continuous accumulation of insurance premiums. In short, there is no room to deem that the Defendant used the insurance as a type of asset management method, not only for pure accidents, diseases, or pension purposes, but also for saving part of the revenue and using it as a kind of asset management method using it as a loan.

(14) While the Defendant and the victim were pregnant twice, they were born on the grounds that the victim is likely to have been given birth of a dead child by administering dental treatment medicine. In the case of two occasions, 1 year ago, where a small son and son and son were born, she seems to have been born on the ground that she was unable to cause the victim to her second step, and she seems to have taken account of the pregnancy. However, even if the fetus was pregnant at the time of the accident in this case, she decided to give birth to the Defendant on the ground that she was pregnant, and the fetus was fully aware of the fact that she was a male baby, and the Defendant did not have any other specific conflict between the Defendant and her father and son, such as by taking two fetus insurance around May 9, 2014, there seems to have been no conflict between the Defendant and her mother and her mother, and there seems to have been no conflict between the Defendant and her mother immediately after her birth.

(15) On December 5, 2014, the statement and analysis officer of the Supreme Prosecutors' Office in the Science Investigation Office of the Supreme Prosecutors' Office, after remanding the case, shows that the result of the investigation shows that the defendant was not in a state of disagreement between his statement that the defendant reported to the outer side, and that the defendant was in a state of disagreement with his internal sentiments, and that the result of the investigation lack of collaborative response or response in social relations, and that there was a little degree of character, such as the false statement, lack of public sense, but the result of the application of the screening method for mental disorder was not sufficient to 9 points and more than 25 points, and even based on the result of the evaluation of the recidivism risk against the defendant, it cannot be concluded that the defendant was aware that there was psychological and emotional hazard that could prevent the defendant from committing a malicious and malicious crime like the accident in this case, and that the criminal records of the defendant also lack special attention, and thus, it is difficult to reverse the defendant's criminality or social prejudice.

D. As to whether the instant accident was a method of crime selected by the Defendant

1) If the Defendant intended to kill a victim for the purpose of insurance proceeds, multiple methods of crime may have been taken place. In such a case, the anticipated considerations should first be able to achieve the result of the victim’s death definitely due to the crime, and in particular, in a case where the Defendant intended to disguise the victim by traffic accident in the same way as the instant case, it is general to search the place or method of the crime in advance. Furthermore, it is not easy to see in the course of the commission of the crime the method of the crime, in particular, it is difficult to select the method of the crime with serious risk to the life or body of the Defendant himself/herself in the course of the crime. In addition, it is difficult to see in mind the possibility of the disguised of the accident by taking into account the high risk of the occurrence of the crime with the intent to reduce the risk of the occurrence of the crime. However, it is necessary to pay attention to concluding that if the degree of risk to the Defendant himself/herself is very serious, the method of the crime can be easily selected in light

2) In this regard, in light of the following circumstances, it is difficult to understand the Defendant’s choice of the method of committing the instant case for the purpose of insurance proceeds in light of the empirical rule, if the lower court and the first instance court were to have selected the method of committing the instant case for the purpose of insurance proceeds.

① The instant accident is about 60 to 70 km away from the back of a large cargo vehicle while driving on an expressway at a speed of about 60 to 70 km, and it is difficult to view that the method of crime committed by the Defendant planned to kill the victim can easily be seen as a means of crime in terms of forecast and control possibility. It is not easy for anyone to accurately see the back of a vehicle parked on the right side of the road to the front side of the vehicle, while driving on the expressway, to accurately see the rear side of the vehicle parked on the right side of the road, and even if sees the intention, it is difficult to see that it might cause a serious danger to the life or body of the Defendant’s own seat, even if s/he does not necessarily lead to serious danger to the Defendant’s own life or body. Nevertheless, it cannot be said that selecting the method of crime despite the occurrence of the instant accident is very unusual as a result of the instant accident. Notwithstanding the victim’s death, the objective degree of the instant crime cannot be assessed only by the objective method of crime.

② The instant vehicle is a vehicle with a weight of two tons or more, and the instant vehicle is installed with a large load storage capacity of eight tons or more. At the time of the accident, it seems difficult for the instant vehicle to easily measure the shock level due to collision with large cargo vehicles because it was loaded with daily necessities purchased on the front seat and the front seat of the instant vehicle at the time of the accident. Furthermore, due to the difference in the size and height of two vehicles, it is difficult for the Defendant to easily see the front part of the instant vehicle at the lower part of the truck, such as the front part of the instant vehicle and the front part of the instant vehicle, such as the front part of the instant vehicle and the front part of the instant vehicle, which were loaded onto the front part of the instant vehicle at the speed of the front and rear of the instant vehicle, and it is difficult for the Defendant to take the front part of the instant vehicle and the front part of the instant vehicle, such as the front part of the instant vehicle and the front part of the front part of the instant vehicle, which were loaded onto the lower part of the instant vehicle and the front part of the instant vehicle.

③ At the time of the accident, the Defendant was driving, but the victim appears to have been milched behind the senior noble person. While she was making a strong progress to the extent that the victim would have died definitely, it seems that the Defendant was able to fright up in a fatal danger, and that the degree of the fright will exceed the ordinary expectation.

④ 이 법원의 도로교통공단에 대한 2017. 12, 13.자 사실조회결과에 의하면, 조수석 쪽만 추돌하도록 조종한다고 하더라도 충돌 후 반동으로 차량이 튕겨 나가면서 운전자도 통제불능의 상태가 될 가능성은 없는지에 관하여 '일반적인 상황의 경우 충돌대상 이 전 면적이 평평한 장벽같은 경우 시속 60km 이상의 속도로 충격할 경우 관성력 및 반작용의 힘이 커서 반발력이 생기고 차량은 충돌당시 모습으로 최종 정지하기 어려우며, 또한 운전자의 핸들 및 제동조치 등 조작에 의해 충돌 후 차량이 움직여질 수 있는(통제될 수 있는) 상황은 되지 못한다.'고 하였고, 이 법원의 AZ 주식회사에 대한 사실조회결과도 위와 유사한 내용으로 기재되어 있다.

⑤ In general, it seems difficult to predict and control the various variables affecting vehicle collisions, and then accurately predict and control the situation. The final damage caused by the collision is also difficult to estimate in advance, and it is not easy to implement a safe conjection method without preserving one’s life.

6) The same characteristics as the instant vehicle are higher than that of a general passenger vehicle, and relatively low in entering the lower part of a large cargo vehicle, and there are many cases where a steel structure is installed in the lower part of a large cargo vehicle so that the other party does not get out of the lower part of the vehicle. Taking into account such characteristics, it is anticipated that only the chief passenger of the front passenger would suffer fatal damage by looking at the same method as the instant vehicle, and that the commission of a crime would be difficult to predict and control the situation after the collision, as seen earlier, in view of the fact that it is difficult to accurately predict and control the situation after collision.

7) Even in cases where a person plans to kill a victim by disguised traffic accident, if the situation where a large-scale truck stops rapidly at a very remote place as in the instant accident, it is very exceptional that the method of crime is planned to lead to the occurrence of the instant accident and to keep the appropriate place of crime while driving on an expressway. Even when considering the situation at the time of the accident, if the Defendant intentionally caused an accident, the instant truck, which was stopped on the side before reaching the point of accident, should have been discovered and carried out the instant accident by making a reasonable judgment within a short period of 40 seconds, which is too interest and incidental to the method of crime in which the offender is chosen to commit the instant accident.

8) The investigative agency also tried to obtain the proviso related to the planning and preparation of the crime through search and seizure of the Defendant’s criminal behaviors, the Defendant’s and his family’s know-how and cell phones and other information media, including cell phones, and search and seizure of criminal data on home and sales stores, but did not seem to have discovered any trace of preparing the crime or studying the method of collision, including the method of crime. Furthermore, if the Defendant intended to commit the crime by the same method as in this case as the murder, he would have attempted to drive a vehicle from Geumsan to Seoul along with the victim, or attempted to do so at the time of driving a vehicle from Geumsan to Seoul, or in Seoul, until it reaches the accident site in this case, there is no expressway CCTV or evidence that can confirm such trace.

9 In addition, even if the Defendant’s physical or life is at risk of high risk, there are no circumstances such as the Defendant’s possession of sex that may result in an extreme risk incident like this case.

E. As to the situation before and after the instant accident

1) Indirect facts suspected of guilty

According to the evidence duly adopted and examined by the court below and the court below, the following facts and circumstances may be recognized.

① Around 02:45 on August 23, 2014, the day of the instant accident, the instant vehicle entered the Busan Highway, and passed through the Seoul Tolux on the day of the instant accident. After that, around 03:41 on the same day, the instant vehicle was located near the 335.9km of the Busan Highway, and the instant truck turned into the front section of the straight line of the 814m radius from the point where the instant truck stopped at the end of the emergency stopping zone on the right side of the expressway.

② According to CCTV images, the instant vehicle driven around the roadside (five-lane) that was prohibited from passing at the time. However, the instant vehicle turned down from the point of the instant accident to the later side of about 422 meters, which led to the rise of the instant vehicle at the time of the instant accident.

③ In order to raise the height of the instant vehicle, the upper light of the instant vehicle is installed at a location above the left side of the driver’s 5 cc or more away from the front, and the above light is to be tightly set up in a towing device in the future. It is not easy to place the upper light light in the front while driving. According to the CCTV images of the instant case, the instant vehicle is driven along the lane without a large strings before and after the point such as the height.

④ Since the emergency stopping cost located below the point of view of the instant vehicle’s height, etc. enters one eye, if the Defendant intentionally attempted to cause the instant accident, the Defendant may have discovered that the instant cargo vehicle is parked in the emergency stopping zone and raised it, etc. in order to further examine the surrounding conditions in detail.

⑤ The final drilling of the instant vehicle and the instant cargo vehicle are almost close to the collision. Since the left-hand wheel of the instant vehicle which was last stopped after the instant accident has been divided into the left-hand side, there is a possibility that at least the instant vehicle might have artificially been done toward the right-hand side immediately before the drilling of the instant cargo vehicle.

6. BB, B, and C of the Road Traffic Accident Investigation Agency (hereinafter referred to as the "Appraisal B") presented the opinion that the average speed of the section of the present vehicle is 70.5 km per hour and that the average speed of the present vehicle is 80 km per hour after being raised, etc. before referring to the CCTV image of this case. In addition, appraiser BB presented the opinion that the average speed of the present vehicle is 61.7 km per hour or 63.6 km per hour after referring to the above image and referring to the above image, and then the average speed of the present vehicle is 61.7 km or 63.6 km per hour.

7) As a result of the CCTV image analysis of this case, the appraiser E (hereinafter referred to as the " appraiser E") presented the opinion that the front-time phenomenon of the present vehicle was reduced at the first 36 seconds of the above video, and the Director BE (hereinafter referred to as the "Expert BE") of BD (hereinafter referred to as the "Expert BE") displayed the location and height of the headlights on each frame of the CCTV images of this case and analyzed the image by connecting the above points by affixing the above points. As a result, the following is displayed in a specific section. Since the points of the section are rhyd, the Defendant was able to move immediately before the collision and the front-time phenomenon was observed, on the ground that the speed of the present vehicle was reduced and the environmental condition was observed, the appraiser BF (hereinafter referred to as the "BF") of the National Scientific Investigation Institute was not identified in the road surrounding the location of the accident, and thus, there was no possibility that the present situation of the present road's operation report and opinion on the road surface.

④ The Defendant stated that the manual of the vehicle is set at six parts in the course of driving on an expressway, and the appraiser BG (hereinafter referred to as the “ appraiser BG”) and BH stated that the front part of the instant vehicle was considerably damaged by external shock and was in the state of being separated from the body of the vehicle at the time of the appraisal. At the time of the appraisal, the appraiser BG made an appraisal that the front part of the instant vehicle was in the state of being considerably damaged by external shock and was in the state of being separated from the body of the vehicle. At the time of the appraisal, it is confirmed that it is located at four parts." The appraiser BG made a move while playing a huge role in the structure as it is possible for the appraiser BG in the lower court to move while playing a huge role. As such, it is difficult to make this change change difficult.”

9) The 25.8km in straight line from BI resting places where the Defendant was diving and locked to the point where the instant accident occurred, and the 8 kib section confirmed by the map is located. The Defendant passed the said 8 kib section, which appears at intervals of water, without any particular accident, and reached the area near the 814m radius from the point where the instant accident occurred.

2) Whether the situation at the time of the occurrence of the instant accident could not occur due to the roadside driving

A) The defendant's stroke driving possibility

(i)the physical reaction and driving function of the driver;

(1) It is not easy to define stroke in the middle of the surface and non-water surface, and the driver's safe driving ability in the stroke is not clearly distinguishable from the stroke or black/stroke, and stroke refers to any one point in the straight line from the low stroke to the introduction of the water surface.

② The decline in the boundary capacity due to the skin or roadside is caused by a certain degree of difficulty from the health condition where the boundaries are well grounded, and it is difficult for the driver to easily recognize the fact that the driver is driving in a short manner. A driver is not aware of the fact that the driver is driving in a short manner. A driver is aware of the fact that he/she is driving in a short manner. A driver is aware of the fact that he/she is driving in a sudden manner (such as a lack of food, a sudden operation of steering, a sudden operation of steering wheelchairs, or a rapid operation of driving in order to adjust the distance between the vehicle and the vehicle). There are many accidents that occur in this process.

③ As a result of domestic studies, the speed difference of driving conditions compared to that of ordinary driving conditions, such as a string, a steering wheelchairs, a speed wheel, and a speed string, are somewhat higher than that of ordinary driving conditions, and the driving conditions of the string are somewhat lower than that of ordinary driving conditions, but they did not seem to have a significant difference. However, in the condition of the string driving, the string level of driver and the imbalance of autonomous boundary was clearly found to be more than that of ordinary driving conditions.

(2) Cause of driving, behavioral characteristics, etc.

(1) A death accident of a strokeing driving shall mainly occur in the summer (the decline of physical strength due to the high temperature and the degradation of the surface of the water is likely to increase the driver's right of way), the shortage of the water immediately preceding the accident, the new wall time zone (which is closely related to rhythy of the driver's living), the straight line section of the expressway, which is a continuous driving condition for high speed continuous driving, and the clean and dried surface.

(2) The behavior characteristics of driving a stroke shall be without well-known the obstacles such as the vehicle or pedestrian on the front side, difficult to predict the situation of danger, it is difficult to predict the situation of danger, the range of view is reduced, the range of view is not maintained at a certain level, the reaction to avoid collision does not appear, and it is difficult to maintain the stroke line by leaving the stroke line, and in particular, the accident of leaving the stroke part at the right right end occurs.

(3) The operation of a vehicle is not impossible even if it is recognized in accordance with the empirical rule that the vehicle is running in the form of repeating a stroke or driving a stroke, leaving the vehicle at right or right or right or right or right or right or right or right or at right or right or right or at right or right or at right or right or at right or right or at right or at right or right or at right

(3) The defendant's stroke driving possibility

On August 22, 2014, a day before the instant accident occurred, the Defendant completed weather movement from around 06:00 to around 20:00, and started to the Seoul Southern-gu market at around 21:00. After purchasing new walls from the store of the instant household goods, the Defendant returned to Geumsan, after completing new walls meals on August 23, 2014. The Defendant stated that the instant accident occurred due to close driving around 03:41 on August 23, 2014. According to the aforementioned statement, the Defendant did not seem to have been able to move or drive the instant road without stopping about 21 hours from around 06:00 on the day immediately before the instant accident occurred to around 03:41 on the day before the date of the instant accident, and did not seem to have been able to have been stroked due to the lack of clear school meals prior to the instant accident. Furthermore, the instant accident was likely to occur due to a stroke of the instant road.

B) The situation before and after the instant accident

(1) A raised point, etc.

In light of the following facts and circumstances acknowledged by the evidence duly admitted by the lower court and the lower court, it is difficult to readily conclude that the Defendant’s aggressive intentional act, which could not be compatible with the previous conviction, was involved solely on the ground that the raise, etc. of the instant vehicle was raised.

① In the case of adults, it is possible to make sure that the driver is able to drive the vehicle of this case, by putting about 5 cm away from the left side of the driver’s zone, and then tightly in the future. In the case of adults, it is possible to make sure that the driver is able to string down by using the inspection site, stop, etc. without any big movement, and it is possible to make sure that the driver is able to easily operate the vehicle of this case, such as the above point, by using the inspection site, stop, etc. without a big movement.

② The road at the point where the height, etc. of the instant vehicle is occupying is a straight line, which has a gradient of 2.7%, and where a driver drives a motor vehicle, it is not impossible to see the situation where a driver who drives the motor vehicle will lose the left part of the motor vehicle, depending on the habit or method of the driver who drives the motor vehicle.

(3) A driver seems not to be able to continuously operate a vehicle in a state of prudent or anti-fluoring, in the case of a strokeing operation, which repeats the stroke, rather than a strokeing operation, and it is also impossible to exclude the cases where a driver drivess a vehicle without being able to drive the vehicle in such a manner as above, due to the decrease of recognition ability, etc. while driving the strokeing operation.

④ According to CCTV images, it is suspected that the driving condition of the instant vehicle cannot be seen as unstable before and after the instant vehicle, such as the height of the instant vehicle, etc. However, appraiser BC does not move the wheels connected to the steering system of the instant vehicle even if the vehicle is ordinarily set in the lower court court court’s determination of its driving cost, on the ground that the degree of approximately 10 to 30 degrees is a shock. This is because it is dangerous when it is delivered to the body of the vehicle to a lelebbly, it begins with the wheels of about 10 to 20 degrees of driving of the instant vehicle. It is also acknowledged that the instant vehicle’s operation method does not change from the front and rear of the instant vehicle to the front and rear of the instant vehicle, even if the vehicle was operated at a certain speed, and thus, it can be seen that the Defendant’s operation of the instant vehicle could not change from the front and rear level without his own discretion, even if it had a big influence on the vehicle’s operation rate.

⑤ The road at the location of the instant accident is installed with 8 lighting fixtures around the Busan At the port of the Gyeongbu Highway. On the other hand, there are frequent BJ resting places with frequent entrance of vehicles, street lights are installed, and there are no obstacles impeding the view of the vehicle. In addition, there is a traffic sign warning that the CCTV has been installed in the front section of the instant vehicle at the location presumed to have been raised, etc. In addition, in the vicinity of the area where the instant vehicle is presumed to have been exposed to a traffic accident, there is a traffic sign indicating that the traffic control CCTV has been installed. Therefore, in light of the above surrounding environment, if the Defendant intentionally intended a traffic accident, the Defendant may lead another vehicle’s view, etc., and even if the evidence was taken by CCTV installed around the surrounding area, it seems that the Defendant might have been raised more than before the collision, while maintaining the condition of the instant vehicle, and it seems that it would not be a crime of murdering the instant vehicle with the intention of homicideing the instant vehicle with the intention of homicide under the plan.

(2) The running route, etc. of the instant vehicle

In light of the following facts and circumstances acknowledged by the court below and the court below’s duly admitted and examined evidence, it is difficult to accept the appraisal results of appraiser BB, BC, and BF on the course of the instant vehicle, etc., and even if the course of the instant vehicle is recognized as the course of the operation of the instant vehicle, it is difficult to readily conclude that the foregoing facts and the driving of the instant vehicle is incompatible.

(A) Determination on the appraiser’s appraisal result and the course of the instant vehicle’s proceeding

(1) Results of appraisal by appraiser BB and BC

Expert BB and BC presented opinions that the instant vehicle has artificially taken hand for the following reasons.

○ The first collision status and the final suspension status of the instant vehicle

[Attachment 1] [Attachment 2] The vehicle's final stop condition is measured as consistent with the location of the first salary at the left corner and the left corner of the center on the left edge of the vehicle's roof board of this case and the vehicle's final stop condition of the present vehicle as indicated below [Attachment 1]. The damage of the present vehicle and the present cargo vehicle are concentrated on the right side of the present vehicle, which is operated on the right side of the present vehicle and led to the power to turn back to the direction of visibility after the collision. The main shock part of the present vehicle is only centered on weight, and it seems that the first collision condition and the last stop condition were not significantly different from the present vehicle's first stop condition (the appraiser at the court of first instance after remand), and it appears that the present vehicle's final stop situation at the time of the collision with the present vehicle.

A person shall be appointed.

[Handic 1] Shells of the roof board of the instant vehicle (Dic 2] The front side of the instant cargo vehicle

A person shall be appointed.

[Afforestation 1] The status of the final suspension after the collision

○ The running route of the instant vehicle

In addition, in the road structure of this case, the location or height of the vehicle was 40 meters back from the point of accident where the light of the vehicle of this case was changed, and the reason why the light of the height, etc. of the vehicle of this case was changed is that the vehicle of this case was friendly toward the right-hand right-hand emergency stop zone. In addition, as a result of the computer Formulaping, the vehicle of this case in the road structure of this case was 40 meters away from the point of accident of this case, and the vehicle of this case was friendly from the point of accident of this case at least 15 meters away from the point of accident of this case. Considering that the vehicle of this case conflicts with the cargo vehicle of this case, the situation of the first collision of the vehicle of this case and the final situation of the suspension of the vehicle of this case is consistent with the situation of the vehicle of this case.

Therefore, at least, the driver of the instant vehicle is aware of its own vehicle driving on the right side and then is analyzed as driving the vehicle on the left side.

(2) Results of appraisal by appraiser BF

The appraiser BF presented the opinion that the accident of this case is difficult to be considered as a close driving for the following reasons.

○ The first collision status and the final suspension status of the instant vehicle

The engine rear parts of the instant vehicle are directly modified to be bend and bend, and as follows, the roof parts of the instant vehicle are also modified to bend and front sides of the instant vehicle in a direct angle, and the instant vehicle is also parked in the front and rear sides of the instant vehicle. Since the instant cargo vehicle stops the instant vehicle without going through the left-hand line of the emergency stop vehicle, the final stop status of the instant vehicle is as follows (B) and is almost the same as the first type of collision for the same reasons as the result of appraisal conducted by appraiser B and BC.

A person shall be appointed.

[Glim2] The final state of suspension of the instant vehicle

○ The running route of the instant vehicle

In light of the aforementioned circumstances and the final stop status of the instant vehicle and freight vehicle, as seen earlier, by indicating the moving route of the instant vehicle, which appears in the CCTV image, into a transparent paper, as seen earlier, and considering the structure of the instant road, it is presumed that the instant vehicle had a collision with the instant vehicle again after being frightened from the point at which the emergency stop vehicle begins to the direction. Such series of processes, including the raised point, etc. of the instant vehicle, including the above, are difficult to be deemed to be by driving (the appraiser in the court prior to the remand of the instant vehicle and the fright of the instant vehicle to be 11). The bF stated that the instant vehicle would be frighted after being frighted to the right side of the instant vehicle, and that the instant vehicle would be frighted to the left side of the instant vehicle after being frighted to the left side of the instant vehicle after being frightd to the left side of the instant vehicle after being remanded to the court of first instance.

(3) Determination

○ The first collision status and the final suspension status of the instant vehicle

In light of the following circumstances recognized by the lower court and the evidence duly admitted and investigated by the lower court, the possibility of the first collision and the final suspension of the instant vehicle cannot be ruled out completely.

i) According to the on-site photograph of the instant vehicle at the time of the instant accident, the left-hand wheels of the instant truck is going to the left-hand line of the emergency stop zone (on-site photograph 23,39,41). The front-hand side of the instant vehicle appears not to exceed the left-hand line of the emergency stop zone (on-site photograph 13,17). The front-hand side of the instant vehicle appears to have exceeded the front-hand line of the instant vehicle under the left-hand side of the vehicle loaded on the left-hand side of the emergency stop zone (on-site photograph 20). Accordingly, the final stop of the instant vehicle appears to have been rhyd.

ii) 감정인 BB, BC의 [사진1]에 의하면, 이 사건 차량 지붕판넬 ⓑ 지점 임프린트에서 오른쪽(사진 기준)으로 약간 떨어진 지점에 더 눌린 흔적이 보이고, 감정인 BF의 [사진3]에서 화살표가 가리키는 부분이 그 흔적으로 보이는데, 감정인 BF의 [사진4]에 의하면, 그 흔적은 위 ⓑ 지점 임프린트보다 움푹 더 눌린 것으로 보인다. 위 ⓑ 지점 임프린트는 이 사건 화물차량 좌측 끝에 달린 봉에 의한 것이고, 감정인 BF의 환송 후 당심법정 증언에 의하면, 위 [사진3]의 화살표 표시 부분의 흔적도 같은 봉에 의한 것이다. 위와 같은 사정을 고려하면, 이 사건 차량이 이 사건 화물차량에 충돌했을 때 최초 찍힌 흔적으로 보이는 위 ⓑ 지점 임프린트는 위 [사진3]의 화살표 표시 부분의 흔적까지 이동을 한 것으로 볼 여지도 있으므로, 이 사건 차량의 최초 충돌 상태와 최종 정지 상태가 다소 상이하다고 볼 여지가 있다.

iii) After remanding BK4, “The instant vehicle” entered the lower part of the loading box of the instant cargo vehicle in the trial room, and stopped following the stop. At the first contact, sin may 1, 2, and 3 sin may take place not only in the last place, but also in the situation where the initial contact and the complete stop.”

○ The running route of the instant vehicle

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, it is difficult to readily conclude the point of view, etc. of the instant vehicle, even though it is recognized that the instant vehicle was prone to an emergency stop, and furthermore, whether the instant vehicle was likely to have been prone and prone, and whether the instant vehicle was a prone, prone and prone, and that the instant vehicle would have been forced to prone

i) According to the CCTV image of this case, in addition to the present vehicle, the vehicle was driven along a route similar to the running route of the present vehicle while the vehicle other than the present vehicle (the appearing at the third 51 seconds of the above image), and the height, etc. of the present other vehicle was not observed by this Section, such as the height, etc. of the present other vehicle. As examined below, even though appraiser BB and BC’s CCTV images on the accident and the instant CCTV images do not fully coincide with the present vehicle, according to the CCTV image on the present accident, if the present vehicle’s re-site of the accident seems to go straight to the emergency stop, it is observed that the higher light, which was seen as one of the two straights at the time of the accident’s re-site of the accident, appears to go straight to the emergency stop, and the Defendant also stopped in the direction of denying the emergency stop. Therefore, the vehicle in this case.

ii) However, the appraiser B, B, and BF presented the opinion that the vehicle was frighted immediately before the instant accident, on the ground that the high light of the instant vehicle was cut away from the fixed line of CCTV installed at the point of the instant accident. On the premise of this, it is difficult to view the 3rd-down of the instant CCTV as the first fright of the instant vehicle’s fright away from the view of the fright of CCTV, and that the fright of the instant vehicle was frightened by the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the vehicle.

(iii) The results of appraiser BB and BC’s investigation and analysis show that all of the CCTV images of this case were confirmed as the land, and the movement and location of the present vehicle at each point of time of the accident were re-explodedd by responding to the actual location and point of time of the accident. In addition, it is unclear whether it can be concluded that the accuracy can be ensured within the permissible range of error, even though the presumption was neglected, as the CCTV image of this case was made on the basis of the presumption as above and the actual CCTV image of this case were not completely consistent with the entrance of the present vehicle. Moreover, as seen earlier, it is difficult to clearly determine the location of the present vehicle as the location, location, etc. of the present vehicle on the ground that there was a movement that is not recognizable into the land due to the characteristics of the present road, the primary method, etc., or the passage route of the present vehicle could be different from the actual land. Therefore, it is difficult to view the present location, location, etc. of the present vehicle as above.

iv) As the appraiser B’s appraisal report dated August 28, 2016, on the premise that the instant vehicle was friendly at 40 meters from the location of the instant accident, and that the final stop of the instant vehicle is identical to the initial stop condition. As seen earlier, the instant vehicle cannot be known at the point where the instant vehicle was friendly, and that the final stop of the instant vehicle could not be identical to the initial stop condition of the instant vehicle. Rather, the foregoing appraisal result is difficult to accept. Rather, in cases where the instant vehicle was 15 degrees down from the point where the instant accident occurred at 40 meters later from the point where the instant accident occurred, the instant vehicle appears to have been similar to the final stop condition of the instant vehicle at 40 meters later from the point where the instant accident occurred, i.e., the condition presented by the counsel, namely, where the instant vehicle was 15 degrees down from the point where 40 meters later from the instant accident occurred to 10 degrees later from the point of the instant accident.

v) The appraisal result of appraiser BB, BC, and BF is established when the vehicle of this case and the cargo of this case are based on the premise that the structure of the vehicle of this case and the cargo of this case, the strength of the contact point, the process up to the final stop after the first collision, the possibility of turning back, etc., and that the specific situation is premised only on the specific situation, and thus, it cannot be deemed that the initial collision state and the course of proceeding are accurately expressed. The witness of this case is that the 'bat in the trial court after the remand of the witness of this case,' and that the 'bat in the trial court after the remand of this case, was immediately removed from the first contact point, and it is established when the vehicle of this case was found that there was no turn between the last stop and the last stop point until the time of the first stop. Therefore, in the event of a collision, the attitude at the time of the last stop and the first contact point are different.

(B) The relationship between the running route of the instant vehicle and the roadside

As seen earlier, in the case of a strokeing that repeats the stroke as seen earlier, the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the strokeing of the instant case,

(3) The status of the front of the instant vehicle

In light of the following circumstances acknowledged by the evidence duly admitted by the lower court and the lower court, it is difficult to readily conclude the present situation of the front-down of the instant vehicle as an indirect fact that cannot be compatible with the driving of the instant vehicle.

① As seen earlier, appraiser BF and BE presented the opinion that the front part of the instant vehicle is based on the brakes of the instant vehicle. An appraiser E presented the opinion that the front part of the instant vehicle is 'the front part of the instant vehicle' is 'the operation of brakes or steering gear, characteristics of the current system, surface conditions (e.g., the existence or unloading of the foregoing foreign substance) and speed, etc., or the phenomenon that may arise from the complex action of these causes.' However, after remanding the vehicle, an appraiser BF and BE presented the opinion that 'the front part of the instant vehicle is frightened by the brakes or steering gear, it is assumed that the present condition is frightened by the brakes.'

However, the above statement alone does not completely exclude the opinion of appraiser E that the front of the instant vehicle may occur even in light of the operation of the steering gear and the characteristics of the current system. After remanding, appraiser BE judged that the front of the instant vehicle in the trial court after remanding that the front of the instant vehicle is well-grounded below, so it is highly likely that it would be done by the brake, and even by the left and right direction, it can be seen that there is an experiment that shows the above phenomenon. It does not present a scientific ground for excluding the front of the instant vehicle in accordance with the right and right direction. Moreover, as seen earlier, since the CCTV image of this case cannot clearly determine the movement of the instant vehicle clearly, it is difficult to confirm whether the front of the instant vehicle is in accordance with the right and right direction, and whether it is by the brake system.

② Even if there was no environmental factors, such as failure of surface in the vicinity of the instant accident site, considering the possibility of driving a stroke in various forms as seen earlier, it cannot be readily concluded that the front of the instant vehicle is by the brake system without fail.

(4) Operation of the manual of the instant vehicle

In light of the following circumstances acknowledged by the evidence duly admitted by the lower court and the trial court, the Defendant stated that it was difficult for the Defendant to drive the instant vehicle due to continuous driving prior to the instant accident, and according to CCTV images, the instant vehicle would have been driving at a low speed of 60 to 80km compared to other vehicles with a five-lane different from that of the instant vehicle, while driving the instant vehicle at a speed of at least 100km. The said speed is at a speed that is consistent with four short speed. Thus, the Defendant cannot be readily concluded to have set up four parts to reduce the speed different from that of the instant vehicle before reaching the location where the instant accident occurred and proceeded along five-lanes on the side of the instant road, compared to the Defendant’s ordinary habits, etc., on the ground that the manual of the instant vehicle was set at four short speeds at the time of the instant accident.

(5) Characteristics of the instant road

원심 및 당심이 적법하게 채택 조사한 증거들에 의하여 인정되는 다음과 같은 사정 즉, 피고인은 BI휴게소에서 잠시 잠을 잔 후 다시 이 사건 차량을 운전하였는데, 그 후에도 계속 졸음이 쏟아져 운전석 쪽 창문을 열어 바람을 쐬는 등의 방법으로 졸음을 쫓기 위해 노력하면서 이 사건 차량을 계속 운전하던 중 BM휴게소 부근을 지났던 것이 기억난다고 진술한 점, 앞서 본 바와 같이 졸음운전의 유형, 운전자의 신체적 반응 등 그 범위가 매우 넓고, 졸음운전의 경우에도 일반운전의 경우와 크게 다르지 않은 경우도 있어서 피고인이 졸린 상태에서 운전하였다고 하더라도 차량을 지속적으로 운행하는 것이 불가능한 것은 아닌 점 등에 비추어 보면, 피고인이 BI휴게소부터 이 사건 사고 지점에 이르기 전까지 8개의 커브구간을 무사히 통과하였다는 사실이 졸음운 전과 양립할 수 없는 간접사실이라고 단정할 수 없다.

F. As to the detection of a WIG substance in the bloodstain

1) At the time of the instant accident, the prosecutor argued that at the time of the instant accident, the Defendant: (a) caused the victim to sleep by melting the victim’s water-saving vehicles, etc.; and (b) caused the victim to sleep; and (c) based on this, the victim’s blood trace was discovered from the evade covered by the instant vehicle; and (d) pentdedler, which is the erode factor, was detected from the blood trace.

2) In light of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court, it is difficult to readily conclude that the Defendant was drinking water to the victim solely on the ground that DNA was detected in the victim’s bloodtains.

① At the time of the instant accident, the victim went to her house with the Defendant as at the time of the instant accident, and the victim covered the said fluence until the time of the instant accident. Since the victim was asked with a considerable amount of the fluence, the said flusium is highly likely to be considered as the blood scams of the victim. An appraiser BN of the National Institute of Scientific Investigation of Research and Investigation, who appraised toxic substances in the instant vehicle, using the instant vehicle’s wire currency with the investigative agency, ’dichlorohhyd dlusium can be collected from blood until 3 to 5 days after taking in. dipenthyd dlusium was used for the penthyd dlusium, but the dlusium was also added with other ingredients than dihyd dlusium, and thus, the dlusium was detected in the instant case, other than the blood penthyd dlusium in addition to the dlusium.

However, with respect to the appraisal of the above lethrhydroids, it is stated that each voice results with respect to training, liquidation salt, organic solvent, organic salt chemical, carbrates, and other alkhyroids, and the results of the appraisal of the above lethrhyroids were not stated, but the results of the appraisal of other ingredients of the lethroids are not stated in the appraisal report of December 15, 2014 by the National Institute of Scientific Research and In addition, when the lethrhydroids are taken in the composite or dithrhydroids, other sensitive ingredients contained in the composite chemical or 8-chlororhyroids are detected together. In view of the above circumstances, it is not possible to readily conclude that the lethrhyr's single lethroids were detected by a difference in the speed of an individual's lethroid, the degree of detection of the substance of the lethyroids.

② A professional examiner designated by this court presented his opinion to the effect that “the drugs that had DNA composition were not discovered in the drugs used prior to the instant accident, and in the case of a DNA dialian with general capacity, it is not dangerous for pregnant or nursing women or fetuses.” As the result of the inquiry by the National Scientific Investigative Research Institute of this Court on October 20, 2017, it also presented his opinion to the same effect. As such, the possibility that the victim was pregnant or nursing women, solely on the sole basis of the fact that the victim was pregnant or nursing women, could not be ruled out that the drugs or products were taken prior to the instant accident.

③ According to the results of the fact-finding conducted on October 20, 2017 by the National Scientific Investigative Agency, a single product among the types of sanctionddide in Korea has been used as the maximum face-free system in the case of a single product. In the case of a composite product, it can be used as the purpose of non-infection, fluorium, and algos disease, etc., and the composite product is a combination of products commonly used in daily life, such as 'Maurmacurine (didiohovasium)', 'Madiosurine (didiohovasium)', and 'didiohovasty (didiohovasium)'. In addition, the Defendant’s bloodstain of the instant vehicle was detected in the bloods of the Defendant. Accordingly, the possibility that the Defendant and the victim may detect DNA in the case of a combination of products commonly used in the daily life of the pentlusium.

G. As to the failure of the victim to wear a safety bell

1) The prosecutor asserts that the Defendant intentionally caused the instant accident on the ground that the Defendant was wearing the safety bell at the time of the instant accident and the victim did not wear the safety bell.

2) According to the evidence duly adopted and examined by the lower court and the lower court, the CCTV images located in other locations where the Defendant was going to Seoul did not have all the Defendant and the victim. At the time of the instant accident, it can be recognized that only the Defendant did not fasten the safety level.

However, there is no material suggesting that the Defendant released a part of the safety level between the victim and the victim, and the victim is presumed to have been diving in the milched state following the victim at the time of the accident, and in such detail, it cannot be ruled out that the safety level was obstructed and the possibility that the safety level was released can not be ruled out. Therefore, it is difficult to say that the accident of this case only did not sell the safety level at the time of the accident was an intentional murder.

H. As to other incidental circumstances

The prosecutor, as the instant vehicle, did not wish to accompany the victim at the time of entering Seoul, but appears to have been accompanied by the Defendant, and immediately after the accident, the Defendant showed an unfluenite attitude, such as not immediately requesting rescue from the victim to the truck driver, towing engineer, etc., and the hospital also stated differently from the facts about the situation of the accident, and the Defendant did not inform the victim of his life or death until the day on which the accident occurred." On the same day, the Defendant directly promised to the funeral home and asked for the reservation of cremation for cremation of the body of the victim. The Defendant replaced the cell phone 2 weeks prior to the instant accident, and the Defendant did not want to have been used from August 14, 2014 to August 25, 2014. According to the fact that the victim had been pregnant or given birth of the instant mobile phone, it appears that there was no evidence that there was no evidence that the victim had been pregnant or given birth during the instant accident.

However, as long as it is difficult to eliminate the Defendant’s likelihood of driving strokely with regard to the Defendant’s motive for murder, selection of method of crime, situation at the time of the occurrence of the accident, etc., it is difficult to view that the Defendant’s indirect situation alone, which is an incidental indirect situation to conceal the intentionalness of the Prosecutor’s assertion, was proven to the extent that there is no reasonable doubt as to

I. General Judgment

1) There are some points to doubt the intention of the Defendant in the operation method, etc. of the instant vehicle driven by the Defendant at the time of the instant accident, and there are questions about the situation at the time by the Defendant’s explanation, and the amount of the Defendant’s insurance coverage behavior and death insurance money, and the horses and actions of the Defendant before and after the instant accident. However, insofar as the prosecutor bears the burden of proof as to the facts charged in a criminal trial, the Defendant cannot be found guilty of the facts charged of murder without any objective evidence and evidence based thereon, by deeming that the Defendant cannot resolve the above doubts, and cannot be found guilty of the facts charged of murder without any supporting objective evidence and evidence based thereon. However, in a situation where it cannot be said that the Defendant cannot be said to be true, the principle that “the benefit of the Defendant is the interest of the Defendant.” This is more meaningful among these times (see, e.g., Supreme Court Decision 2017Do1549, May 30, 2017).

2) In the instant case where there is no objective evidence to conclude that the instant case is a stroke, a stroke, or a intentional accident, in light of the aforementioned legal principles and the above legal principles, the Defendant strongly denied that the instant traffic accident occurred due to the stroke-down of the murder. As long as there is a possibility that the Defendant was a stroke-down at the time of the instant accident, and it cannot be ruled out to the extent that there is no reasonable doubt through objective evidence and arguments, it is difficult to view that the primary facts charged of the instant case, which the Defendant intentionally killed the victim, solely based on indirect facts such as the purchase of multiple insurance policies and the situation before and after the instant accident, have been proven

In the end, in this case, it is difficult to view that, in the case where the presumption of innocence against the defendant exists as direct evidence, the penalty for murder, which is the primary charge of this case, has no proof of the crime, and the charge to the effect that the defendant committed the crime of fraud on the premise of murder, there is no proof of the crime. Therefore, the prosecutor's assertion of mistake against this is without merit.

5. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is delivered after oral argument.

【Discretionary Judgment】

Criminal facts

As stated in paragraph (2) of the above Article 2 (Additional Facts)

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. A traffic accident report;

1. On-site photographs;

Application of Statutes

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

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

[Determination of Type] Traffic Accident Case> General Traffic Accident Case>

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Area, 8 months to 2 years of imprisonment without prison labor

3. Determination of sentence: Two years of imprisonment without prison labor; and

Since 1997, there is no previous task for the defendant, and there is a child to be supported, etc. are favorable to the defendant.

However, driving on an expressway has to pay attention to a large traffic accident. Moreover, a pregnant 7-month victim was able to sleep without wearing a safety bell, which led to the death of the victim who continued to operate the instant vehicle and caused the instant traffic accident due to the occurrence of the accident. The defendant's negligence on the occurrence of the traffic accident is not easy, and the result of the traffic accident is very significant, and the fact that the defendant does not agree with the bereaved family members, such as the victim who lost his/her father, etc. In addition, in addition to the above circumstances, the defendant's age, occupation, personality and conduct, family relationship, and the circumstances before and after the crime, etc., the punishment as ordered by the order shall be determined by taking into consideration various sentencing conditions specified in the trial process of the instant case, such as the defendant's age, occupation, personality and conduct, family relation, and the situation before and after the crime.

The acquittal portion

The summary of the charge of murder, which is the primary charge of this case, is as stated in the revised main charge of the above Paragraph 2. The summary of the charge of fraud is as follows. The defendant, despite the defendant's murdering the victim, deceiving the victim as if the victim died due to a traffic accident due to the defendant's negligence. As seen in Paragraph 4 above, since the charge of murder, which is the primary charge of the crime, and the fraud that is the premise thereof, is a case without proof of crime, it shall be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as to murder, which is the primary charge of the crime, the charge of murder, which is the ancillary charge of the crime, is not judged not guilty, unless

Judges

Allowable judges of the presiding judge

Judges Kim Gung-hee

Judges Park Jae-chul

Note tin

1) Although the variable social insurance mainly aims to guarantee the death of a fund, it creates a part of the paid-in insurance premium, and returns the proceeds earned from the fund to the contractor based on the performance. Unlike other insurance products, the deposit and withdrawal are relatively liberal and have the same function as bank deposits.

2) The first subscription date of the insurance listed in [Attachment 24] No. 24 is June 13, 2008, and was renewed on June 13, 2013.

3) At the time of the instant case, the Defendant was registered as the Defendant’s mother-friendly W. However, the Defendant stated that the Defendant was liable for KRW 70 million out of the purchase price of the said house.

4) A BL director