The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charge of this case was guilty on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

In addition, if the judgment of the court below has a ground to request a retrial, it may be the ground of appeal, and the "when clear evidence is newly discovered" to recognize the innocence of the person who has been pronounced guilty becomes a ground to request a retrial, but this is not discovered in the previous litigation procedure or was discovered.

Even if the evidence that could not be submitted is newly discovered or can only be submitted. Furthermore, when determining whether the “clear evidence to acknowledge innocence, etc.” constitutes “clear evidence”, the court that found the guilty should consider the newly discovered evidence and closely related evidence, among the evidence that the court that found the conviction based on fact-finding, together with those closely related to the newly discovered evidence. As a result, it constitutes “clear evidence” which serves as a ground for retrial.

I would like to say.

(See Supreme Court en banc Order 2005Mo472 Decided July 16, 2009). However, since documentary evidence submitted by the Defendant as the grounds of appeal cannot be deemed to constitute “when clear evidence is newly discovered” that may constitute grounds for retrial, this part of the grounds of appeal are without merit.

Meanwhile, other grounds alleged in the grounds of appeal do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.