2009년 형사소송법 중요 판례

Abstract : In this paper, I reviewed 27 criminal procedure cases sentenced by the Supreme Court and the Constitutional Court in 2009. Three of those are decided by the council of all judge members of the Supreme Court. Some important decisions are as follows. 1. Supreme Court 2009. 6. 11. 2008do12111. This case is as to the show-up(line-up) to identify the suspect of a crime. 2. Supreme Court 2009. 3. 12. 2008do763. This case is as to the lawful enforcement proceedings of a writ for attachment and search. 3. Supreme Court 2009. 6. 23. 2009do1322. This case is as to the statement made by the present company with the accused in interrogation. 4. Supreme Court 2009. 11. 19. 2009do6058. This case is as to the requirement of the legal representative’s approval of the withdrawal complaint against sexual violence on juveniles. 5. Supreme Court 2009. 2. 26. 2008do11813. This case is as to the legality and nullity in the process of prosecution. 6. Supreme Court 2009. 10. 22. 2009do7436. This case is as to the infringement of the only a written indictment doctrine. 7. Supreme Court 2009. 11. 12. 2009do9717. This case is as to the certain extent of count specification in a written indictment on narcotic crime. 8. Supreme Court 2009. 1. 15. 2008do9327. This case is as to the certain extent of count specification in a written indictment on the forgery of private document. 9. Supreme Court 2009. 6. 11. 2008do11042. This case is as to the requirement of modification on a written indictment. 10. Supreme Court 2009. 7. 9. 2009do2865. This case is as to the admissibility of a statement protocol written by a criminal investigation (except prosecutor) in regard to a accomplice. 11. Supreme Court 2009. 3. 12. 2008do11437. This case is as to the fruit of poisonous tree in the Exclusionary Rule. 12. Supreme Court 2009. 7. 9. 2009do2865. This case is as to the admissibility of a statement protocol written by a criminal investigation without a notice of the right to remain silent. 13. Supreme Court 2009. 8. 20. 2008do8213. This case is as to the admissibility of a co-dependant’s testimony to his(her) statement protocol written by a criminal investigation (except prosecutor) in regard to a accomplice. 14. Supreme Court 2009. 4. 9. 2008do5634. This case is as to the description of the grounds of an final appeal, and adjudgment of that. 15. Supreme Court 2009. 7. 16. 2005mo472. This case is as to new evidence in the grounds of final retrial.