2013년 형사소송법 중요 판례

Abstract

In this paper, the writer selects the important precedents of the 2013 Supreme courtprecedents and introduces headnotes, simple comments and the writer’s opinions for them. Thispaper is classified into the five parts. Part Ⅰ is the introduction. Part Ⅱ deals with precedents inconnection with investigation - the limit of entrapment investigation , the possibility of arrest aseffect of warrant for confined suspect who refuses attendance in the investigation room and theadmissibility of evidence in case that the suspect’s answer to the right to remain silent is againstthe law. Part Ⅲ reviews precedents in related to trial - the action of appellate court in case thatthe accused who received the poverty lawyer’s aid at the first trial appeals and appoint a povertylawyer, the meaning of prohibition of disadvantageous alternation and the admissibility of testimonyin case of examining a witness privately although there is no prohibit regulation for an openexamination of a witness. Part Ⅳ examines precedents associated with evidence - a matter ofjudgement whether the act of the accused is ‘and all that’ on Article 314 of the Criminal ProcedureCode in case that the accused doesn’t answer question from the prosecutor in connection with true existence of evidencing document, meaning of the strict interpretation of Article 314, theexclusion of illegally acquired evidence, the fruits of poisonous tree doctrine and the exceptionalcondition. Part Ⅴ is the conclusion.