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(영문) 대법원 2015.09.10 2015도7989
존속살해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the assertion of violation of the principle of evidence trial, the finding of guilt in a criminal trial shall be based on evidence with probative value sufficient to cause a judge to have a conviction that the facts charged are true beyond a reasonable doubt. If there is no evidence to form such a conviction, the defendant is suspected to be guilty.

Even if there is no choice but to judge the interests of the defendant.

However, such a conviction must not necessarily be formed by direct evidence, but may be formed by indirect evidence unless it violates logical and empirical rules. Even if indirect evidence does not have a complete probative value as to a crime individually, if it is deemed that there is a comprehensive probative value as to the whole evidence, and if it is deemed that there is a comprehensive probative value as to the whole evidence, it can be recognized as criminal facts.

(2) In light of the facts and circumstances indicated in the judgment, the lower court determined the following as follows: (a) comprehensively taking account of the adopted evidence, the lower court acknowledged the facts and circumstances as indicated in the judgment; (b) the victim appears to have died of light pressure due to the external pressure of arbitrae at the time of committing the crime indicated in the facts charged; (c) the possibility that the victim is a third party, not the Defendant; (d) the Defendant was at the time of committing the crime indicated in the facts charged; and (e) there was no one who either saw or contacted the victim after having met the victim; and (e) there was no one who calls with the victim after having met the victim from the victim’s house; and (e) contrary to the allegations alleged by the Defendant that the Defendant called with the victim after having met the victim’s house, the Defendant appears to have talked with the victim during the period of the victim’s house; and (e) the Defendant appears to have started the call from the first floor after having taken place the victim’s house to the victim’s house.

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