Evidence of Co-defendant's confession

The confession of co-defendant is admissible independently because it is not different from the case where the defendant was examined as a witness because the defendant's right to cross-examination is guaranteed.

Article 310 of the Criminal Procedure Act

Supreme Court Decision 68Do231 Decided April 16, 1968, 80Do2722 Decided February 10, 1981, Decision 85Do691 Decided June 25, 1985

Defendant

Defendant

Attorney Jeong Jong-tae

Gwangju High Court Decision 86No782 delivered on April 9, 1987

The appeal is dismissed.

The grounds of appeal are examined.

Comprehensively taking account of the evidence cited by the court of first instance that the court below maintained, the facts constituting the crime as stated in its holding can be recognized, and there is no error of law of misconception of facts due to a violation of the rules of evidence or incomplete deliberation in the judgment of the court below. Moreover, since the confession of co-defendant is guaranteed the defendant's right to cross-examination, the confession of co-defendant does not differ from the case of examination as a witness, and thus, it is an independent admissibility of evidence (see Supreme Court Decision 85Do691, Jun. 25, 198

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

Justices Lee Lee-hee (Presiding Justice)