2018년 형사소송법 중요판례평석

Among criminal cases of the Korean Supreme Court sentenced in the field of the Criminal Procedure Code in 2018 of which might be recognized and discussed as important factors by legal affairs or criminology circles, ten judgements were reviewed in this paper. Key charges of the important cases include possession of requirements of prosecution of a charge of perjury in the National Assembly and period of accusation, the necessity of arrest as a requirement for a person to be arrested, requirements and procedures for allowing compulsory sampling of urine, whether a court can recognize a common criminal as aiding criminal without modification of an indictment, dilution or disconnection of cause-and-effect relationship and relevance to events in search for seizure, the admissibility of evidence of 425 Zinnon files and etc. and effect of sentence to a reverse of judgement, requirements of scientific evidence to have a significant binding force in fact recognition and credibility of valuation result, guarantee of the defendant and his lawyer’s submission period of appeal reason, the need for a second notice and the point at which submission period of appeal reason in the event that an employee’s lawyer is appointed after notice of access to litigation records, where there is a reason for the retrial of parts of the multiple offenses and Verbot der reformatio in peius. The Supreme Court precedents show that it provided a clearer standard for various issues, which could on the other hand lead to working-level controversy and hopefully the working-level officials and researchers will continue to criticize the criteria. For the purpose of discussion, it was divided into the field of investigation, trial and evidence, appeal and retrial according to the key issues, and description of each case were arranged in the order of case, judgement or the essentials of decision and annotation.