logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1991. 10. 8. 선고 91도1734 판결
[보건범죄단속에관한특별조치법위반,약사법위반][공1991.12.1.(909),2754]
Main Issues

The degree of reinforced evidence of a confession and the method of such evidence;

Summary of Judgment

The reinforcement evidence of confessions is not related to the whole criminal facts, but to the extent that confessions can be recognized as true and not processed, and such evidence is irrelevant not only to the direct evidence, but also to the circumstantial evidence or indirect evidence.

[Reference Provisions]

Article 310 of the Criminal Procedure Act

Reference Cases

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-appellant-Appellee) 90Do1613, Sep. 25, 1990 (Gong1990, 2235)

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Yu Ho-seok

Judgment of the lower court

Seoul High Court Decision 91No169 delivered on June 14, 1991

Text

The appeal is dismissed.

Reasons

Defendant’s defense counsel’s grounds of appeal

According to the evidence of the first instance court cited by the court below, it can be sufficiently recognized that the defendant's facts charged in the judgment against the defendant. According to the records of the first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's trial records, the defendant's first instance court's first instance court's prosecutor's suspect examination protocol as to the defendant in the first instance court's first instance court's first instance court's prosecutor's protocol of interrogation of suspect's suspect examination as to the defendant should be denied the admissibility of evidence of the prosecutor's protocol as to the defendant in the first instance court's preparation, and it can be acknowledged that the defendant's confession is not a processed and true, even if it is not a direct evidence or indirect evidence, and it is hard to prove that the defendant's first instance court's second instance court's evidence is insufficient to prove evidence as evidence without any misapprehension of the legal principles as to the remaining facts charged (see Supreme Court Decision 90Do1613, Sep. 25, 190).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-sung (Presiding Justice)

arrow