녹음매체에 대한 녹취서의 증거법상 지위와 증거조사 방법에 대한 소고

Abstract

Transcript of tape-recoding is a document into which the content of the information delivered by the human voice recorded on the recording medium is written. Recently transcript of tape-recording is submitted to court as evidence, with recording medium, or alone. Legal nature or investigation as evidence of transcript of tape-recoding has not been discussed in depth than the recording medium. But there are views that the transcript of tape-recoding is hearsay or multiple hearsay regardless of whether the recording medium is hearsay or not. In this paper, I point out the theorectical problems of this views and argue that the transcript of tape-recoding has the characteristics of a copy of the recording medium. Examination method of transcript of tape-recoding is made the same methode as the copy of documentary evidence. In other word, investigation on admissibility of evidence requirements and investigation as evidence to prove criminal facts must be made separately. Therefore, investigation of transcript of tape-recoding as evidence to prove criminal facts can be made after finding that the transcript of tape-recoding meets admissibility of evidence requirements. Based upon the ways in which they are shown above, in this paper, I explain concretely about examination method of transcript of tape-recoding. When the transcript of tape-recoding is accepted as evidence to prove criminal facts, it should be written ‘description of the transcript of tape-recoding’ as gift of the evidence on the judgement document.