2019년 형사소송법 중요판례평석

Abstract

Among criminal cases of the Korean Supreme Court sentenced in the field of the Criminal Procedure Code in 2019 of which might be recognized and discussed as important factors by legal affairs or criminology circles, ten judgements were reviewed in this paper. Key charges of the important cases include collection of evidence by warrant a missing judge’s seal, whether or not voluntary submission at the scene of arrest and judicial officer’s sight of a crime, whether the denial of testimony constitutes the ‘other reasons’ of Article 314 of the Criminal Procedure Act, the admissibility of evidence of protocol of statement prepared before the witness examination after the indictment, the admissibility of evidence of work journal and a statement, the compensation of expenses for cases found innocent in reason for judgement, the notice of receipt of legal records and the period of submission of a reason for appeal in case of attorney is pre-empted before the court notifies the court of legal records, whether to change the “law on limiting the reason of appeal”, a decision on the retrial of death penalty carried out by the “Yeosun case”, whether the scope of the effect of excluding further litigation concerning the decision of a retrial and the establishment of a rear-end multiple offenses with a final decision and etc. The Supreme Court precedents show that it provided a clearer standard for various issues, which could on the other hand lead to working-level controversy and hopefully the working-level officials and researchers will continue to criticize the criteria. For the purpose of discussion, it was divided into the field of investigation, evidence, trial and appeal, retrial according to the key issues, and description of each case were arranged in the order of case, judgement or essentials of decision and annotation.