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 refers to evidence which was not discovered in the final judgment procedure or which was impossible to submit or examine even if it was discovered in the final judgment procedure, and the value of such evidence should be objectively stated compared with other evidence, and such evidence as the existence or absence of value is determined by the judge's free evaluation of evidence shall not be included.

Article 420 subparagraph 5 of the Criminal Procedure Act

Defendant

Attorney Tae-chul et al.

Seoul High Court Order 79No2 dated July 26, 1980

The reappeal is dismissed.

The defendant's reappeals by his defense counsel are examined.

According to the court below's decision, the "when a clear evidence has been newly discovered" as referred to in Article 420 subparagraph 5 of the Criminal Procedure Act refers to evidence that was not discovered in the procedure of the final judgment or that it was impossible to submit or examine even if it was discovered, and whose value of evidence should be objectively stated compared with other evidence, and it does not refer to such evidence as the judge's free evaluation of evidence determined the existence or absence of the value of evidence. However, all of the materials including "Defendant Investigation Report" of the Japanese Bar Association, cited by the claimant, cannot be deemed as falling under evidence under Article 420 subparagraph 5 of the Criminal Procedure Act. Thus, the court below dismissed the request for retrial of this case. Thus, the court below's above measures are just, and there are no errors such as the theory of lawsuit, and there are no illegal grounds as prescribed in Article 415 of the Criminal Procedure Act.

The issue is groundless.

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

Justices Han-jin (Presiding Justice)