Defendant

Defendant

Maternity

Attorneys Lee Do-young (Korean National Assembly)

Ulsan District Court Decision 2004Gohap6 Delivered on May 21, 2004

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

On November 30, 2003, when committing the instant crime, the Defendant lent 4,00,000 won to the police station by lending the victim (name omitted) at low time. From 20:00 to 24:00 on the same day, the Defendant took the victim’s phone at Non-Indicted 1’s house and took the victim’s phone from 24:00 on the same day, but did not come to contact, and was locked at home, and Non-Indicted 2 and Non-Indicted 3 did not know of the victim’s house at around 11:20 on the following day, the Defendant discovered the victim’s house and reported it to the police station, and the Defendant did not murder himself, but did not err in the judgment of the court below which found the Defendant guilty of murdering the victim with the victim’s house at around 75 meters, and the Defendant committed an act of dumping the victim’s credit card to the Defendant as a criminal, and in spite of the fact that the Defendant was aware of the victim’s disease at bar.

2. Determination

A. The conviction in a criminal trial shall be based on evidence with probative value sufficient to cause a judge to feel true beyond a reasonable doubt. If there is no evidence to form such a conviction, the interests of the defendant should be determined even if there is doubt that the defendant is guilty. However, such conviction should not be necessarily formed by direct evidence, unless it violates empirical and logical rules. Even if indirect evidence does not have full probative value of the crime individually, if it is deemed that there is a comprehensive probative value without the defendant's own independent evidence, it can be found that the fact is found that the defendant was found to have been found to have been found to have been found to have been found to have been 10 meters away from the victim's disease, and the fact that the defendant was found to have been found to have been found to have been 5 meters away from the victim's disease due to liquidation, and the fact that the defendant was found to have been found to have been found to have been 10 meters from the victim's disease, based on the evidence duly investigated and adopted by the court below.

B. In regard to this, the defendant asserts that ① 100ml ml cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl cl with the defendant's body.

In order for a third party to be identified as a criminal after committing the crime, the first instance, was made by the Defendant’s presentation that the Defendant was blick with the consortium with the consortium with which the Defendant was 75ml ml ml ml fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl, there was no evidence to support the Defendant’s assertion that the Defendant made a statement from Nonindicted 3 fl fl fl f.

C. In addition, the defendant's statement that he was aware of the victim's house at the time on December 1, 2003 when he found the victim's house at the morning, and that the defendant did not borrow 4,000,000 won to the victim before the previous day because the defendant did not open the door to the victim, it is difficult to accept the defendant's statement in light of the family relationship between the defendant and the victim's house, the distance between the defendant's house and the victim's house, the period in which the defendant actually resided in his residence, etc.

D. Meanwhile, there is little doubt about the motive for murder in the instant case, or the motive for murder in the instant murder case denying the crime cannot be proven unless the Defendant confessions, and as long as the Defendant could be recognized as committing the crime based on objective and scientific evidence mentioned earlier, it cannot be said that there is no obstacle to recognizing the facts charged in the instant case on the ground that the motive for murder was not revealed in detail.

3. Conclusion

Thus, the defendant's appeal is dismissed as it is without merit.

Judges Park Sung-sung (Presiding Judge)