2012년 형사소송법 중요 판례

Abstract

In this paper, the writer selects the important precedents of the 2012 Supreme court precedents and introduces headnotes, simple comments and the writer’s opinions for them. This paper is classified into the five parts. Part Ⅰ is the introduction. Part Ⅱ deals with precedents in connection with investigation - the matter in regard to when to drop charged and the other party in an offense subject to complaint and when to notify the Miranda and how to, the legal requirement and details in questioning of a suspicious person, and the admissibility of evidence with reference to blood alcohol level in case of taking a blood sample without warrant. Part Ⅲ reviews precedents in related to trial - the position and basic obligation of the attorney,the matter in regard to what the court does in case that the public defender doesn’t submit the appellate brief regardless of the client, and the identity of facts charged by prosecutor. Part Ⅳexamines precedents associated with evidence - the admissibility of evidence in case that the written opinion which the attorney sends a client is seized, the matter in regard to whether the nonindictment written decision to be kept in public prosecutors’ office is opened by the attorney,and the fact that the prosecutor takes on the burden of proof in regard to elements of a crime in a criminal trial. Part Ⅴis the conclusion.