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

The term "when clear evidence is newly discovered" as provided in subparagraph 5 of Article 420 of the Criminal Procedure Act means the time when, in the litigation procedures in the finalized original judgment, no evidence has been found or could not be submitted even if it was discovered, and the evidence is found or can be submitted that the objective advantage is recognized compared to that of other evidence in the value of evidence.

Article 420 subparagraph 5 of the Criminal Procedure Act

Supreme Court Order 81Mo12 dated May 25, 1981 81Mo12 dated April 7, 1983 83Mo11 dated March 13, 1986 85Mo36 Decided March 13, 1986

Re-appellant

Seoul Criminal Court Order 86Hun-Ba5 dated August 29, 1986

The reappeal is dismissed.

The grounds of reappeal are examined.

When clear evidence under Article 420 subparagraph 5 of the Criminal Procedure Act is newly discovered, the term "when it was not discovered in, or could not be submitted even after it was discovered, in the litigation procedures in the finalized original judgment, when the evidence was found or could not be submitted (see Supreme Court Order 81Mo12, May 25, 1981). Thus, the court below's decision is justified in dismissing the petition by examining the records, such as the notice of dismissal of the lawsuit, the notice of dismissal of the prosecution, the notice of reasons for the institution of the prosecution, the notice of the institution of the prosecution, the notice of reasons for the institution of the prosecution, the notice of the institution of the appeal, the notice of the petition, the petition and the accusation, the result of the investigation into the case, an interim inquiry into whether to receive the unpaid allowance, the statement of the result of the handling of the complaint and the appeal, the certificate of retirement, and the result of the handling of the appeal case, and it cannot be found that the new evidence has no high priority in the final judgment than any other evidence, and thus it does not constitute a new evidence.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)