탄핵증거의 요건, 조사방법과 입증

• 영문명: Impeachment Evidence is Evidence Used to Undermine a Witness s Credibility
• 발행기관: 한국형사판례연구회
• 저자명: 안성수(An, Seong Su)
• 간행물 정보: 『형사판례연구』형사판례연구 제18권, 328~355쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

If the witness has made two or more conflicting statements, the prosecutor or the defendant can reduce his credibility by exposing the conflicting statements. This is an example of impeachment evidence. Authentication is required to use something as impeachment evidence. However, the truth worthiness is not needed as it is not to prove the truth of the matter asserted. Impeachment evidence is only to be presented to prove the contradicting matter happened. The video recording evidence should be allowed as impeachment evidence. It is unreasonable to limit the types of impeachment evidence. Not only the witness s but also the defendant s statement can be impeached. Impeachment evidence is different from the refreshed recollection. The exclusionary rule is not applied to impeachment evidence as long as voluntariness is guaranteed. It is because that impeachment is not for the factors of the charged crime but only for the credibility. As far as the defendant concerned, the prosecutor can impeach only on the occasion that the defendant actively states false thing which is not the factors of the crime. It may cause some issues about the defendant s right to remain silent if the prosecutor can impeach the defendant when he only simply denies the crime.

목차

Ⅰ. 대상 판결 대법원 2005.8.19. 선고 2005도2617 판결

Ⅱ. 검토

Ⅲ. 결론

키워드

탄핵증거 영상녹화물 증거능력 피고인 진술 탄핵증거의 한계 impeachment evidence video recording admissibility statement of defendant the limitation of impeachment evidence