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(영문) 대법원 2015.04.23 2014도16414
공문서위조등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The purport of denying the admissibility of evidence of a non-voluntary statement as to the grounds of appeal on the commission of an event, such as fabrication of a false official document, uttering of a forged official document, and recording of an electronic document, is to prevent in advance any unlawful and unjust pressure that infringes on the fundamental human rights of a person who has made a statement, regardless of the authenticity thereof, is not only likely to cause a false statement, but also likely to cause misjudgment because it itself does not fit the substantive truth.

In addition, in a case where the Defendant made a confession without voluntariness due to harsh treatment at an investigative agency, etc., and thereafter made a confession of the same contents in the court where the state of a trial without voluntariness is continued in the court, the confession in the court should be deemed as a confession without voluntariness.

(See Supreme Court Decisions 2002Do4469 Decided July 8, 2004; 2009Do1603 Decided October 27, 201, etc.). The lower court determined that the first instance court was justifiable to have acquitted the Defendant of each of the charges on this part on the grounds that the Defendant’s testimony of confession as to each of the charges in Seoul Northern District Court 2012 Go-Ba2020 (hereinafter “each of the charges in this part”) on the first trial date is difficult to recognize the Defendant’s arbitraryness and credibility, and the evidence submitted by the prosecutor alone alone is insufficient to deem that the evidence submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt as to each of the charges in this part.

First of all, in light of the records, the defendant suffered from mental illness such as mental disorder, and the defendant was hospitalized in and discharged from the Korea National Medical Center at the Korea National Medical Center at the Korea National Medical Center due to mental fission, etc., and was denied this part of the charges.

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