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(영문) 서울고등법원 2012.12.27 2012노3565
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Determination on the grounds for appeal

A. 1) The Defendant’s confession at an investigative agency or court of the original instance alone does not seem to be doubtful of the probative value or credibility of the confessions, solely on the grounds that the confessions at the court of appeal are different from the testimony at the court of appeal. In determining the credibility of confessions, the credibility of confessions should be determined by taking into account whether the contents of the confessions are objectively rational, what is the motive or reason behind the confessions, what is the circumstance leading to the confessions, and what is not contrary to or contradictory to the confessions among other evidence than confessions (see, e.g., Supreme Court Decision 2010Do2556, Apr. 29, 2010). Meanwhile, if the Defendant’s confessions did not have any reason prescribed in Article 309 of the Criminal Procedure Act, and there was no reasonable doubt among the motive and process of making confessions at the court of appeal, and the Defendant did not lawfully share the aforementioned evidence with the prosecution’s evidence duly admitted by the aforementioned facts, i.e., the Defendant did not appear to the aforementioned evidence., 2D and evidence.

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