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(영문) 대법원 2014.02.27 2013도13615
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, B, and C

A. In a criminal trial, the finding of guilt should be based on evidence of probative value, which could lead a judge to feel true beyond a reasonable doubt, and if there is no evidence to form such a conviction, the defendant is suspected to be guilty.

Even if the interests of the defendant are to be determined by the interests of the defendant, it is not necessarily required to be formed by direct evidence, but it is formed by indirect evidence unless it violates the rules of experience and logic. 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 that cannot be the sole evidence, if it is deemed that there is a comprehensive probative value that cannot be the sole evidence, and criminal facts can also be recognized.

(1) The court below found Defendant A guilty of murder in the facts charged, taking into account the following circumstances: (a) the process of finding the victim’s death, the act of entering the house of Defendant A, and the false statement to Defendant A; and (b) the fact that Defendant A got involved in the victim’s death; and (c) there are considerable grounds to deem that the victim was involved in the victim’s suicide on the date of death; (d) it is difficult to deem that the victim’s suicide or death was likely to occur; and (e) there was a conflict between the victim and the insurance relationship with the victim; and (e) there was a motive to kill the victim; and (e) the court below found Defendant A guilty of murder in the facts charged; and (e) the victim’s attempted fraud against Defendant A and Samsung Co., Ltd.; and (e) the victim’s attempted fraud on the date of death.

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