2020년 형사소송법 중요판례평석

Abstract

Among criminal cases of the Korean Supreme Court sentenced in the field of the Criminal Procedure Code in 2020 of which might be recognized and discussed as important factors by legal affairs or criminology circles, ten judgements were reviewed in this paper. Key charges of the important cases include release of protective equipment for suspects and the right of attorney to participate in interrogation of suspects, criteria for determining the illegality of trap investigation and in the case of revocation of the indictment of the first trial, the criteria for the determining the relevance of compulsory disposition, lack of notice of warrant and when the details of the warrant are confirmed by the attorney afterwards, the seizure of arbitrary submissions at the crime scene and randomness of submission, modification of an indictment and whether to recognize the identity of charge, the seizure and search to omit notice of participation from the public defender and admissibility of evidence, the responsibility of the employer accused under the joint penal provisions and the admissibility of evidence to prove the suspect’s interrogation report on employees, criteria for determining the length of a sentence in case of changing from indeterminate sentence to determinate sentence, the principle of prohibition of ascension of punishment forms in a formal trial case and etc. The Supreme Court precedents show that it provided a clearer standard for various issues, which could on the other hand lead to working-level controversy and hopefully the working-level officials and researchers will continue to criticize the criteria. For the purpose of discussion, it was divided into the field of investigation, trial and evidence, sentence and appeal according to the key issues, and description of each case were arranged in the order of case, judgement or essentials of decision and annotation.