개정 형사소송법 제313조의 합리적 해석방향 - 특히 제313조 제2항의 ‘객관적 방법’을 중심으로 -

Abstract

The article 313 of the Criminal Procedure Code revised in the last year brought about a large change in the criminal evidence rule. It was even more as ceaseless voice for rapid revision of a law clause which was behind the information age and was an obstacle in the finding of substantial truth was reflected. As prerequisites for an objective method stipulated in the revised article 313, authentication․integrity․sincerity of electronic information must be satisfied. In the clause 1 of article 313, the necessity of one’s own handwriting/signature․seal is still required even after revision, and traditional theory of exclusive rule of hearsay shall still be applied in the revised law. Accordingly, guaranty of the right of confrontation toward defendant or defendant’s attorney in the clause 2 of article 313 shall be considered a natural regulation. Although credibility of statement and circumstantial guaranty are not specified in the clause 2 of revised article 313, developing interpretation by assuming the aforementioned is desirable. As prerequisites for embracing to the material scope out of objective methods, evaluation of a reliable tool of digital forensic, objective verification and secure of the qualification of digital forensic investigators are considered necessary. And representative categories of digital forensic materials based on the results of scientific analysis include IP address and password of information storage media, specific password of electronic files, electronic signature, confirmation of distribution channel of information storage media, fingerprint identification, voice analysis, image analysis, handwriting analysis, seal identification, documents authentication, log record, verification of metadata etc. Peresonal scope of objective methods may be the testimony from preparing person․person making a statement ․witness, testimony from digital forensic investigator, testimony from digital forensic experts, analysis result report of electronic information prepared by digital forensic investigators etc.