형사소송법 제313조에서의 정보저장매체의 범위와 증거능력

Abstract

Whether to view the information storage medium as a form of statement (or written statement) can be controversial since our criminal action law has no definition of the concept of statement. However, the court ruled that the digital storage media, such as recorded tape and USB, actually follow the statement of article 313 of Criminal Procedure Act. Therefore the court have been presented the requirements of evidence against information storage medium. According to this background, through the revision of article 313 of Criminal Procedure Act, information storage medium is being treated equally with analog documentary. Although Paragraph 1 of the Article 313 provide that ‘Text and pictures of information, images, etc. as similar information stored in a storage device outside the computer disk,’ are included in the documentary, But 2 of Article 310 that provide scope of hearsay evidence, still provide two types hearsay evidence of documentary and statement. However, for the consistent application of hearsay evidence and hearsay Rule, it is needed that information storage medium is included into the scope of the hearsay evidence. Then, So far, about the content of information storage or complicated procedures for the theoretical conflict for the evidence can be resolved. 2 of Article 310 is amended as follows is quite the thing. [Article 316 to Article 311 other than those in preparation of a trial or trial date set out in the statement in the statement for a voice, pictures, video, documents or statements. Information storage, preparation of a trial or trial date and in other people's statement to the statements as evidence it can not do it].