2017년 형사소송법 중요 판례

Among criminal cases of the Korean Supreme Court sentenced in the field of the Criminal Procedure Code in 2017 of which might be recognized and discussed as important factors by legal affairs or criminology circles, ten(10) judgements were reviewed in this paper. Key charges of the important cases include the meaning of ‘the person who wants to be a lawyer’ in right of interview and communication, the limitations of exercise of right of interview and communication, the extent to which the seizure and search warrant are presented, the possibility of issuing emergency disposition in seizure and search after an emergency arrest, the distinction of customs inspection of customs officials and search for seizure, the relevance to the crime for which the request for providing the communication fact checking data was made, the legitimacy of search and seizure in long-distance areas, the legitimacy of prosecution after making a non-disposal decision against the domestic violent actor, the extent to which the charges identity is recognized, the meaning of dialogues between others under the Communications Secrecy Protection Act, procedure to legalize the arrest in the event that warrant of execution of penalty is issued. The Supreme Court precedents show that it provided a clearer standard for various issues, especially in the course of the search and seizure, that could lead to working-level confusion, and hopefully, the working-level officials and researchers will be continued to criticize the standard. For the purpose of discussion, it was divided into the field of investigation, trial and evidence, and execution according to the key issues, and descriptions of each case were arranged in the order of case, ruling summary and review.