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(영문) 대법원 1983. 2. 22. 선고 82도3107 판결

[위조공문서행사][집31(1)형,210;공1983.4.15.(702),628]

Main Issues

Whether the existing existence of a forged identification card has the ability to reinforce the confession of the exercise of such identification card (affirmative)

Summary of Judgment

The reinforcement evidence of a confession does not require that the defendant's voluntary confession is not processed, but that if it is proved to the extent that it is true, it is direct, indirect, or corroborative evidence. It does not necessarily require that the evidence alone constitutes an objective element of a crime. Thus, if the defendant proves that he/she has exercised his/her identification card, the confession of the fact that he/she has presented his/her identification card, and if his/her identification card has been presented above, it should be deemed that the confession is an indirect evidence to prove the authenticity of the confession of the defendant.

[Reference Provisions]

Article 310 of the Criminal Procedure Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Gwangju High Court Decision 82No597 delivered on November 11, 1982

Text

The non-guilty portion of the judgment below shall be reversed, and that part of the case shall be remanded to the Gwangju High Court.

Reasons

The prosecutor's grounds of appeal are examined.

The reinforcement evidence of a confession does not require that the defendant's voluntary confession is not processed, but is sufficient to prove the truth, and it does not necessarily require that the evidence alone constitutes an objective element. Thus, if the defendant proves that he/she has exercised his/her identification card of this case up to the time of the original adjudication, such as the time of the original adjudication, and if there is an identification card that has been presented, the above identification card is an indirect evidence to prove the authenticity of the confession unless the confession is not voluntary, the above confession cannot be considered as an indirect evidence to prove the existence of the above confession, although the court below's failure to consider the above confession alone as an evidence cannot be considered as a misunderstanding of the legal principles of the ordinary evidence, it is reasonable to discuss the above facts.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench to reverse and remand the acquittal portion of the judgment below.

Justices Kang Jong-young (Presiding Justice)