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TITLE Supreme Court Decision 2017Do1549 Decided May 30, 2017¡¼Murder (Name of Ancillary Offense: Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents); Fraud¡½ [full Text]
Summary
[1] Degree of evidentiary power to acknowledge facts of a criminal case at trial
Even in cases of crimes, such as murder, in which heavy statutory punishment is imposed, whether a conviction can be based solely on indirect evidence absent direct evidence (affirmative), and in such case, the standard of proof of indirect facts upon which major facts are premised
[2] Matters to consider when acknowledging motive for the commission of murder solely based on pecuniary reasons (held: anticipation of collecting massive insurance benefits)
Where pecuniary gain can be a motive to commit murder
[3] In a case where the Defendant: (a) married the Victim and thereafter subscribed to multiple life insurance policies whereby the Victim was indicated as the insured and the Defendant was indicated as the beneficiary; (b) was driving on an expressway with his wife riding in the passenger seat when the entire right side of the Defendant¡¯s vehicle collided with the left rear end of a truck parked on the right shoulder, resulting in the death of his wife; and (c) was primarily charged with intentional murder by disguising his wife¡¯s death as a traffic accident for the purpose of receiving massive life insurance benefits upon facing economic hardship, the case holding that: (a) the lower court rendered a conviction deeming that the Defendant¡¯s intentional murder of the Victim was proven beyond a reasonable doubt; and (b) in so doing, it erred by misapprehending the pertinent legal doctrine
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