Justices Kim Hwang-sik(Presiding Justice), Kim Young-ran, Lee Hong-hun, Ahn Dae-hee(Justice in charge)
Main Issues
The permissible degree of discretionary judgment in finding the accused guilty in the criminal actions and the probative value of scientific proving methods The degree of credibility of witness' statement and the procedural requirements for the enhancement of credibility in the case where the witness was confronted with only one suspect or only one picture was shown to the witness for the identification in the procedure of a criminal identification through the appearance of suspects et al. The case reversing the court below's decision finding the defendant guilty, on the ground of the assessment of the National Institute of Scientific Investigation that the gene type of the defendant was not identical to that of the criminal based on a gene test result through a DNA analysis, and under the reasoning that it is hard to acknowledge the credibility of the victims' statements since the procedural requirements to enhance the credibility of the victim identification procedure were not satisfied as the victim identification procedure had been conducted 3-5 months later that the occurrence time of the crime event, etc.