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 Article 420 subparagraph 5 of the Criminal Procedure Act means evidence which was not discovered in or could not be submitted even after it was discovered in the litigation procedures in the finalized original judgment, and whose value of evidence is objectively superior to that of the final and conclusive judgment in light of the empirical rule, rather than that of the evidence.

Article 420 subparagraph 5 of the Criminal Procedure Act

Supreme Court Order 81Mo12 dated May 21, 1981 dated Apr. 27, 1965 dated Feb. 21, 1981; Order 82Mo11 dated Nov. 15, 1982 dated Apr. 7, 1983; Order 83Mo26 dated May 26, 1983

Re-appellant

Busan District Court Decision 84Ro5 delivered on July 2, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

"When clear evidence has been newly discovered" under Article 420 subparagraph 5 of the Criminal Procedure Act means evidence that was not discovered in, or could not be submitted even after it was discovered in, the litigation procedures in the finalized original judgment, and the value of such evidence is objectively superior to that of the evidence in light of the empirical rule or logical rule. In this regard, according to the civil judgment which became final and conclusive by the appellant, such as the theory of lawsuit, and the register of the land register, the fact that a civil judgment has become final and conclusive in conflict with the final and conclusive judgment of this case cannot be found in light of the materials cited by the final and conclusive judgment of this case, but such materials alone cannot be said to constitute "when clear evidence is newly discovered to a person who has been sentenced to a crime of oil" and thus, the rejection of the request for retrial of this case is just and reasonable in light of the records, and there is no illegality in the theory of lawsuit.

Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)