변호인이 제출하는 증거에 관한 연구

Most of the discussion about evidence in criminal proceedings was about evidence submitted by prosecutors. And relatively, discussion about evidence submitted by defense attorney has been limited. As a result, it seems that the method of handling the types of evidence submitted by defense attorney in trial practice or whether evidence can be submitted has not been fully established. However, considering that the defense attorney collects and submits a lot of materials for the benefit of the defendant, the establishment of a complete legal discipline related to them is required. It is clear that the evidence currently submitted by the defense are not treated the same as the prosecutor's ‘evidence’, and beyond that, their nature and limitations are unclear. The studies to determine this should be against the background of the essence of the position of a defense attorney. This study, after examining the differences and causes between the evidence submitted by the prosecutor and the evidence submitted by the defense attorney at a fundamental level, and then reviewed the scope and limitations of the evidence submitted by the defense attorney for each point of contention. After terminating this discussion, another problems are raised. The question is whether the court can convict the defendant on the basis of evidence submitted by the defense attorney, considering the position of him.