Whether the number of statements of the witness after the final and conclusive judgment falls under "when clear evidence that the witness is found not guilty" under Article 420 subparagraph 5 of the Criminal Procedure Act (negative)

The term "when clear evidence to acknowledge innocence" as referred to in Article 420 subparagraph 5 of the Criminal Procedure Act refers to evidence that has not been discovered or has not been discovered in the procedure of a final judgment and that is objectively superior to other evidence in the value of evidence. Therefore, it does not constitute a reversal of the contents of a statement made by a witness who is already examined and adopted as evidence in the procedure of a final judgment after the final judgment becomes final and conclusive,

Article 420 subparagraph 5 of the Criminal Procedure Act

[Judgment of the court below]

Gwangju District Court Order 83No2 dated January 5, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

For the purpose of Article 420 subparagraph 5 of the Criminal Procedure Act, the term "when clear evidence to acknowledge innocence is found" means evidence which was not discovered or could not be submitted in the final judgment procedure and which is objectively superior to other evidence, and it does not correspond to the reversal of the contents of the statement that a witness already adopted as evidence in the final judgment procedure before and after the final judgment became final and conclusive, and thus, it does not correspond to the same purport of the court below's dismissal of the request for retrial of this case to the same purport is just and there is no ground for retrial

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

Justices Kang Jong-young (Presiding Justice)