TITLE	Supreme Court Decision 2023Do3741 Decided June 1, 2023 ¡¼Violation of the Narcotics Control Act (Psychotropic Substances); Violation of the Narcotics Control Act (Cannabis); Violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury by Hit-and-Run Vehicle); Violation of the Road Traffic Act (Failure to Take Action After Accident); Aiding or Abetting Escape of Criminal¡½ [full Text]
Summary
¡¼Main Issue and Holding¡½ Meaning of ¡°when admitting its contents¡± as referred to in Article 312(1) of the Civil Procedure Act, amended by Act No. 16924 on February 4, 2020, and then enforced as of January 1, 2022 Whether a protocol concerning interrogation of a criminal suspect, prepared by a prosecutor, in relation to another criminal defendant or criminal suspect who is in an accomplice relation with the relevant criminal defendant, may be included in ¡°a protocol concerning interrogation of a criminal suspect, prepared by a prosecutor¡± stipulated in Article 312(1) of the Civil Procedure Act (affirmative) and whether a mandatory accomplice or an opposite criminal in terms of the theoretical concept may also be included in ¡°accomplice¡± as referred to herein (affirmative) Where a criminal defendant denies the contents stated in a protocol concerning interrogation of a criminal suspect, prepared by a prosecutor, in relation to another criminal defendant or criminal suspect who is in an accomplice relation with the relevant criminal defendant, whether such protocol may be used as evidence of being guilty in accordance with Article 312(1) of the Civil Procedure Act (negative)

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