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학술논문형사법연구2011.09 발행KCI 피인용 5

자백의 증명력 판단에 관한 실질적 기준의 정립

Actual Criterion To Judge Probative Force Of Confession

하태인(부산대학교)

23권 3호, 231~260쪽

초록

In this study, through case analysis and psychological91) approach to determine the credibility of a confession objective and analytical methods to determine the authenticity of the confessions, but on a regular basis is presented, the judge suggested to the state standards. Confessions obtained through analysis of case judgments about the credibility of the established criteria are as follows. Confessions of information and meet such an objective fact, confessed to the content that appears on the motive, murder weapon, experience and objective statements, and discovery of a secret to confess their own judgments about the rationality or the time and change of confession as a confession of the cause and the Inspector, relationship with the victim, the defendant's conduct after the crime and the circumstances, because an appeal, the withdrawal of charges that the defendant's education, career, life, environmental and internal circumstances of the accused may be divided into. And the last criteria to be applied in dubio pro reo principle will be called.

Abstract

In this study, through case analysis and psychological91) approach to determine the credibility of a confession objective and analytical methods to determine the authenticity of the confessions, but on a regular basis is presented, the judge suggested to the state standards. Confessions obtained through analysis of case judgments about the credibility of the established criteria are as follows. Confessions of information and meet such an objective fact, confessed to the content that appears on the motive, murder weapon, experience and objective statements, and discovery of a secret to confess their own judgments about the rationality or the time and change of confession as a confession of the cause and the Inspector, relationship with the victim, the defendant's conduct after the crime and the circumstances, because an appeal, the withdrawal of charges that the defendant's education, career, life, environmental and internal circumstances of the accused may be divided into. And the last criteria to be applied in dubio pro reo principle will be called.

발행기관:
한국형사법학회
DOI:
http://dx.doi.org/10.21795/kcla.2011.23.3.231
분류:
법학

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자백의 증명력 판단에 관한 실질적 기준의 정립 | 형사법연구 2011 | AskLaw | 애스크로 AI