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(영문) 대법원 2015.10.29 2014도5939
국가보안법위반(간첩)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by the prosecutor).

1. As to the prosecutor's ground of appeal on the violation of the National Security Act

A. In a case where the documents or documents on the suspect's statement concerning the admissibility of the facts charged in relation to the defendant and AB are prepared in the course of investigation into the investigative agency among each written statement, self-written statement, written confirmation, written statement, evidence admissibility of reflective statement, and each written statement prepared by the special judicial police officer against AB, even if they were in the form of "written statement, written statement, or written statement," it cannot be viewed as different from the suspect interrogation protocol, and it is reasonable to view that the status of the suspect subject to notification of the right to refuse to make statement by the investigative agency is recognized when the investigation agency conducts the investigation on the grounds that the person subject to investigation was suspected of having committed a crime even before the investigation agency takes the formal procedure

In particular, in cases where the contents of the statement made by the person subject to investigation are not simply related to the crime of a third party, but also related to the crime jointly with the third party, or it is related to the fact that the third party is suspected as well as the fact that he is accused, the investigation agency should notify the person subject to investigation of the right to remain silent prior to hearing the statement.

(2) In light of the above legal principles, the Defendant’s interrogation protocol prepared by an investigative agency, other than the prosecutor, on July 25, 2013, on the other hand, on the other hand, on the suspect’s interrogation protocol prepared by the investigative agency, other than the prosecutor, on the other suspect who has a co-related relationship with the Defendant, is admissible if the Defendant denies the contents of the protocol on the trial date, and the admissibility of the protocol is denied.

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