2011년 형사소송법 중요 판례

This paper is classified into the five parts. Part Ⅰ is the introduction. Part Ⅱ deals with precedents in connection with investigation - the investigation before the accusation in crimes that we cannot investigate without the victim’s accusation, the specific degree of fact charged by prosecutor, the requirement of arresting in the act and the legitimate execution of a warrant, the point of time to notify people of the right to deny the statement, and so on. Part Ⅲ reviews precedents in related to trial - the admissibility of evidence in case that the interpreter who should be ruled out of the trial translates the witness’ report, the identity of fact charged by prosecutor,the standard to admit the different fact without modification of an indictment, and so on. Part Ⅳexamines precedents associated with evidence - an object of strict proof(especially a amount of money) in case of taking a bribe, the admissibility of evidence in related to a seizure and search issued by a district judge, the admissibility of illegal evidence, the meaning and limit of “Liberal -Belief”, the rational suspectless proof, and so on. Part Ⅴis the conclusion. Considering the trend of the precedents in 2011, they, for the most part, were related to the trial and evidence. That is because such issues continually have been treated, according to emphasis on the system centering around trial and enforcement of trial by jury. The writer expects that the various practical and theoretical views is reflected in precedents.