2020년도 형사소송법 판례 회고

• 영문명: Review of the Criminal Procedure Precedents of the Korean Supreme Court in 2020
• 발행기관: 한국형사판례연구회
• 저자명: 강동범(Kang, Dong-Beom)
• 간행물 정보: 『형사판례연구』형사판례연구 제29권, 539~593쪽, 전체 55쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.06.30

영문 초록

The purpose of this paper is to review the Criminal Procedure Precedents of the Korean Supreme Court in 2020. In chapter 2 I discuss the admissibility of Blue-House Documents which are submitted to prove the criminal liability of the chief presidential secretary during the period of the last president. These documents have been produced to appellate court by the Blue-House staffs who discovered those documents in the computer and cabinet accidentally. The Supreme Court Judgment(2020.1.30. 2018do2236 en banc) declared that the documents are admissible. But I don’t agree with the conclusion because I wonder if those documents are obtained according to the due process. The precedents relating to investigative procedure are reviewed in chapter 3. I consent to the Supreme Court’s judgment that voluntary accompaniment for the criminal investigation will be permitted solely upon voluntary intention of the suspect. And the Supreme Court declared that connection with the relevant case as one of the requirements of seizure and search is objective connection with facts of suspicion and personal connection with criminal suspect. There is an argument whether seizure without warrant at the locus of the arrest of flagrant offender is allowed. The Supreme Court agrees this topic and I also do. I examine the precedents of the evidence and appeals in the 4. chapter. The Supreme Court pronounces that any evidence obtained in violation of the due process shall not be admissible in principle, but exceptionally may be used as evidences. But I propose when serious illegality is in obtaining process of evidence, the evidence should be excluded. And I deal with the precedent as to joint penal provisions and article 312 of Criminal Procedure Act In the last chapter I review the precedents of the Supreme Court related to the defense counsel s participation right in the interrogation of the suspect, pronouncement of judgment in case of constitutional discordance adjudication of penal provision, and disposition concerning confinement(Article 417 of Criminal Procedure Act).

목차

Ⅰ. 들어가며

Ⅱ. 전원합의체 판결

Ⅲ. 수사절차

Ⅳ. 재판절차(증거와 상소)

Ⅴ. 그 밖의 판결

키워드

사건과의 관련성 양벌규정과 형사소송법 제312조 위법수집증거 헌법불합치결정 임의동행 체포현장에서의 영장 없는 압수 Connection with the Relevant Case Joint Penal Provisions and Article 312 of Criminal Procedure Act Illegally Obtained Evidence Constitutional Discordance Adjudication Voluntary Accompaniment Seizure without Warrant at the Locus of the Arrest of Flagrant Offender