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TITLE Supreme Court Decision 2013Do6825 Decided November 28, 2019 ¡¼Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Acceptance of Bribe for Mediation)¡½ [full Text]
Summary
In the case where: (a) the prosecutor appealed the first instance decision that pronounced the defendant not guilty; and (b) an investigative agency summoned a person, who can be produced as a witness on the date of appeal trial upon its filing, without special circumstances, and drafted a protocol of statement, whether the said protocol of statement is admissible or not (negative in principle)
Whether the inadmissibility of the said protocol of statement does not change even when a witness appears before the court and admits the genuineness of the formation of the said protocol of statement and the defendant¡¯s side is provided with an opportunity for cross-examination (affirmative)
In a case where the witness made a statement disadvantageous to the defendant to the same effect as contained in an inadmissible protocol of statement as illustrated above, the standards for determining whether to admit the reliability of the said statement and use it as incriminating evidence
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