혈흔형태분석의 법적 활용성: 형사 판결에서의 주요 쟁점과 실무적 함의

Bloodstain Pattern Analysis(BPA) is a forensic technique used to reconstruct crime scenes and has long been used in criminal investigations in South Korea. However, there remains a lack of systematic analysis regarding how BPA reports are actually employed in criminal court decisions. This study aims to fill that gap by reviewing criminal judgments that cited BPA results from 2012 to 2023, identifying the frequency of various contextual variables, analyzing cases in which BPA findings were rejected, and conducting a binary logistic regression to examine factors associated with the likelihood of detailed citation of BPA results. A total of 188 criminal judgments from South Korean courts were selected as research data. The key findings and implications for investigative practice are as follows. First, the citation of BPA findings in court decisions has shown an increasing trend over the years, although significant regional variation was observed. This suggests the need to strengthen analytical capacity by fostering regional BPA analysts and establishing inter-regional collaborative analysis systems. Second, in cases where BPA findings were not accepted, courts cited errors in the underlying assumptions, failures to properly measure the angle of impact or the area of origin, or adopted forensic opinions conflicting with those of BPA analysts. This highlights the need for BPA reports to be grounded in a comprehensive analysis of the crime scene, autopsy findings, and other relevant factors, as well as the importance of improving the professional standards and technical precision of BPA practitioners. Third, detailed citations of BPA findings were most frequently associated with issues such as the rebuttal of the defendant’s statements, determination of impact or defensive actions, spatial positions and postures of the victim and perpetrator, impact locations, movement trajectories, clothing stains, and expirated bloodstains. The logistic regression analysis revealed that the likelihood of detailed citation significantly increased when the defendant denied the crime, denied intent, or claimed mental deficiency, while it decreased when blunt force or bodily assault was involved. This suggests that analysts should anticipate such legal defenses during BPA interpretation and prepare their reports with potential courtroom testimony in mind. A structured analysis of key forensic issues is also necessary. This study contributes to the literature by empirically demonstrating how BPA has been used as scientific evidence in criminal trials over the past decade in Korea, and by offering practical recommendations for improving the reliability and applicability of BPA in investigative procedures.