2021년 형사소송법 중요판례평석

Abstract

In this writing, among the Supreme Court criminal precedents sentenced in the field of the Criminal Procedure Act in 2021, eight precedents that could be evaluated and discussed in legal practice or criminal law academia were reviewed. Looking at the key issue of the main precedents, the legality in the case where the arrest warrant is not presented even after the arrest is completed because the arrest procedure is initiated without presenting an arrest warrant and then the arrest warrant is arrested as a current offender of another crime, the legality in the case where the execution is carried out three days after the warrant is issued for the arrested suspect, relationship between the fact of charge of warrant and the fact of charge for a drug offender, whether the abuse of the right to prosecute is recognized in the case of prosecution four years after the suspension of prosecution, admissibility of evidence in the case where a photo of a crime against another victim, etc. is found on the defendant’s mobile phone submitted by the suspect, probative power of the witness’s unfavorable testimony against the Defendant who has undergone prior interviews with the prosecutor, sentence and the principle of prohibition of changing disadvantages in the case where the lower court determined some of the criminal facts recognized by the lower court before remand after remand, whether it is a violation of the law due to misunderstanding of facts and the reason for extraordinary appeal and more. According to the Supreme Court’s precedent, it is evaluated that it has set clearer standards for various issues that can cause confusion in practice, but on the other hand, new issues are raised, and we hope that criticism from practitioners and researchers will continue. For the convenience of discussion, the investigation and prosecution, evidence, appeal and extraordinary appeal were divided according to key issues, and the descriptions of each case were summarized in the order of case, summary of judgment, and review.