2015년 형사소송법 중요 판례

Abstract

This paper reviews and introduces several important criminal procedure judgements delivered by Korean Supreme Court in 2015. In the investigation, the judgements regarding to ① the requirements of the intoxicate test conducted using driver's blood and ② the entire legality review rule of search and seizure on the digital evidence are introduced. In the trial, the judgements regarding to ③ the requirements of the installation of the partitioning facility at the witness examination, ④ non retrospective effect of the revision of the limitation periods for prosecution and ⑤ non application of the special rules for persons in prison to the objection against the decision of application for adjudication are reviewed. In the evidence, the judgements regarding to ⑥ the requirements of the documents prepared in the regular course of business, ⑦ Han Myungsuk case are introduced. In the judgement of trial, the judgements regarding to ⑧ the case permitting not-guilty judgement instead of judgement on rejection of public prosecution and ⑨ the appellate court’s obligation to respect the lower court's judgement on the amount of punishment are discussed. In the reopening of the procedure, the judgements regarding to ⑩Kang Kihoon case, ⑪ the reopening possibility of the judgement proclaimed by special amnesty and etc are introduced.