Conditions on the premise to recognize admissibility of evidence as to the result of the examination of false horses detection devices;

In order to use false words as evidence to believe the accuracy of the results of the examination of the false words detection devices, changes in a certain psychological condition occur, changes in the psychological condition must always cause a certain physiological reaction, and the premise that the statement of the person subject to the examination is equipped with the human and material device that can be determined accurately as to whether the statement of the person subject to the examination is false or not by the physiological response is satisfied.

Articles 307 and 308 of the Criminal Procedure Act

Supreme Court Decision 83Do712 Delivered on September 13, 1983

Defendant

Prosecutor

Busan District Court Decision 84No3 delivered on June 15, 1984

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

Examining the reasoning of the judgment below in comparison with the records, the court below rejected non-indicted 1's statement in the investigation agency that corresponds to the fact that the defendant purchased the stolen goods of this case on the grounds of its stated reasoning, and found the defendant not guilty on the grounds that there is no other evidence to acknowledge this, the court below's decision is justified, and the defendant's answer to non-indicted 1's selling its accessories to the defendant is judged to be true according to the Busan District Prosecutors' Office's report which was compiled to the records, but if it is false in order to use them as evidence to believe the accuracy of the results of the investigation of the fraudulent Detection, there is a change in a certain psychological condition. The change in the psychological condition causes a certain physiological response, and the premise that the words of the respondent are accurately determined to be false due to the physiological response, and that there is no other evidence to acknowledge that the defendant's statement was not in violation of the rules of evidence in the above investigation court (see Supreme Court Decision 83Do712, Sep. 13, 1983).

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

Justices Jeong Jong-tae (Presiding Justice)