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(영문) 대법원 2015.05.28 2014도16353
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

The appeal is dismissed.

Reasons

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

In order to recognize admissibility of evidence as evidence with factual relevance to the result of the examination of a false terminal (psychological test), first, a change in a certain psychological condition occurs, second, a change in the psychological condition must cause a certain physiological reaction, third, a accurate determination of whether the speech of the person is false or not due to the physiological reaction shall be met. In particular, the determination of whether the last physiological reaction is false or not shall be a device capable of accurately measuring the physiological reaction of the person who has consented to the detection of the false terminal, and it shall be the description and method of the examination, and it shall be reasonable in writing, and it shall be possible for the inspector to secure accuracy only if the inspector has objective and accurate ability to read the measuring content of the detection terminal, and so long as the same conditions are not satisfied, it shall not be permissible to grant admissibility of evidence under the Criminal Procedure Act for the results of the detection of the false terminal.

(See Supreme Court Decisions 85Do2208 delivered on November 25, 1986, and 2005Do130 delivered on May 26, 2005, etc.). Evidence inadmissible may not be admitted as an indirect fact that ratified the facts constituting the elements of a crime or an supporting fact that reinforces the probative value of direct evidence proving the facts constituting the elements of a crime.

(See Supreme Court Decision 2004Do5493 delivered on January 27, 2005). The court below accepted the notice of the result of the integrated psychological analysis through psychological and behavioral analysis on the victim prepared by the Supreme Prosecutors' Office of Scientific Investigation in the Supreme Prosecutors' Office, as indirect evidence of determining the credibility of the statement by the victim or the defendant, while admitting the notice of the result of the integrated psychological analysis through psychological and behavioral analysis on the victim and the defendant's statement as indirect evidence

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