반공법위반등
All of the appeals by prosecutors are dismissed.
The summary of the grounds for appeal by the prosecutor, other than Defendant E, and the remaining Defendants and co-defendants in the first instance court of the case subject to retrial, recognize some facts charged, and can sufficiently recognize voluntariness in light of the fact that they denied other facts charged or have made false statements through advisers in the investigation process in the court. According to the above voluntary statement in the court room, the court below found the Defendants guilty of the facts charged against the violation of anti-public law and the violation of the Fisheries Act. However, the court below erred by misapprehending the relevant legal principles and misapprehending the facts, which affected the conclusion of the judgment
Judgment
A. The purpose of denying the admissibility of evidence of a false statement is to prevent in advance any unlawful and unfair pressure that infringes on the fundamental human rights of a person who has made a statement, by leaving the truth, is not only likely to cause misjudgments because the statement itself, which was made in a state of danger of inducing or coercioning a false statement, is not consistent with the substantive truth, but also to prevent it from being committed.
Therefore, in a case where there is a dispute over the voluntariness of statements, the prosecutor shall not prove reasonable and specific facts to suspect the voluntariness, but rather prove that the prosecutor removes the question about the voluntariness. If the prosecutor fails to prove it, the admissibility of evidence of the statement is denied (see, e.g., Supreme Court Decisions 2004Do7900, Nov. 23, 2006; 2010Do14282, Jan. 24, 2013). In addition, if the defendant made a confession in an investigative agency prior to the prosecutor’s inspection by cruel acts, such as adviser, etc., and continues a confession with the same contents in the prosecution or court after that, if the defendant made a confession with the same contents, the confession made in the prosecutor’s office or court shall be deemed as
Supreme Court on December 11, 2014