녹음파일의 증거능력 — 대법원의 모순적 판단내용에 대한 비판을 중심으로 —

Abstract

This paper aims at criticizing the Supreme Court’s self-contradictory opinion, about admissibility of digital sound recoding file, in the so called ‘Lee Seok-ki case’ which was one of the most controversial criminal cases instituted recently. The first part of this article is allotted to analyzing holdings of the court. I review the relevance of fact-finding which was accepted in lower courts, focusing on admissibility of the digital sound recoding file. Then I analyze the Supreme Court’s judgement thereon. In the second part of this article, I crosscheck this judgement against previous Supreme Court’s decisions, and criticize Supreme Court’s self-contradiction, focusing on the procedure of evidence acceptance and the method of proving integrity. In the last part of this article, I shortly introduce ‘Canadian Evidence Act’ with specific provisions be found by simple googling. Regarding these points, I examine whether the Supreme Court’s decisions can be sustained. In conclusion, I prove the Supreme Court’s opinion has many unacceptable errors and thus can not be justified.