진술과 기록의 증거능력

• 영문명: Admissibility of Recorded Statement
• 발행기관: 한국형사판례연구회
• 저자명: 최병각(CHOI BYUNG GAK)
• 간행물 정보: 『형사판례연구』형사판례연구 제21권, 459~485쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

Although vivid testimony of the witness and/or the defendant in the courtroom is very important in fact-finding, hearsay evidences are widely accepted in relation to the criminal cases. Recently diverse medias such as documents, audio-tapes, video-tapes, computer discs or electronic files which recorded statements spoken by a private person under the private circumstance are available as evidences to prove the fact asserted in such statements. According to the Criminal Procedure Act in Korea the document which contains the statements of the defendant or the witness written by a private person is admissible when autograph, sign or seal of the writer or the speaker is certified and correctness of recording is confirmed by the writer or the speaker in the courtroom during the trial. But the document which contains the statement of the defendant is admissible when correctness of recording is confirmed by the writer in the courtroom during the trial and especially reliable circumstance is affirmed, even if the speaker deny the statement in the document. With regard to the admissibility of recorded statement, the authentication of record might be established by the speaker or the recorder. And the correctness of recording in principle should be confirmed by the speaker. But the defendant is inclined to deny his/her own past statement which may be construed as evidence leading to conviction. So the recorder might confirm the correctness of recording if the speaker made the statement under the especially reliable circumstance.

목차

[대상판결] 대법원 2010. 3. 11. 선고 2009도14525 판결

I. 들어가는 말

II. 진술증거의 증거능력

III. 녹음테이프, 녹취록과 사인 작성 진술서면

IV. 대상판결의 분석

키워드

진술증거 전문증거 증거능력 진정성립 특신상태 recorded statement hearsay admissibility correctness of recording especially reliable circumstance