이른바 ‘안종범 업무수첩’의 증거능력

• 영문명: So-called Ahn Jong-bum s Business notebook and Admissibility of Evidence
• 발행기관: 한국형사소송법학회
• 저자명: 윤동호(Yun Dong Ho)
• 간행물 정보: 『형사소송 이론과 실무』제10권 제1호, 121~140쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

‘An Jong Beom s Business pocketbook’(hereafter ‘pocketbook’) contains instructions from former president Park Geun-hye and conversations with Lee Jae-yong. Ahn Jong-bum wrote what Park Geun-hye said to An Jong-bum. This ‘pocketbook’ is not hearsay evidence in connection with the criminal trial of defendant Park Geun-hye and Lee Jae-yong. This is because ‘pocketbook’ is not used to prove the truth of the statements of Park Geun-hye but is used to prove the existence of Park s statements. In this case the exclusive rule of hearsay don’t apply to ‘pocketbook’. Only the authentication of ‘pocketbook’ should be recognized. But the meaning of this concept is different from the meaning of ‘exactness of utterances’ or authenticity of the formation(성립의 진정) of Article 312, 313 of the Criminal Procedure Act. Even if you think of ‘pocketbook’ as hearsay evidence, admissibility of evidence is recognized in accordance with Articles 313 and 316 of the Criminal Procedure Act. This is because ‘pocketbook’ corresponds to document where the other person’s statement is recorded. If not, admissibility of evidence should be recognized as document in the regular course of business in Article 313 (2) of the Criminal Procedure Act.

목차

Ⅰ. 문제제기

Ⅱ. 안종범 업무수첩이 전문증거인지 여부

Ⅲ. 안종범 업무수첩과 피고인 아닌 자의 전문진술서면

Ⅳ. 안종범 업무수첩과 업무상 통상문서

Ⅴ. 결론

키워드

business pocketbook admissibility of evidence authentication document where the other person’s statement is recorded document in the regular course of business