국제수형자증인 이송의 실제 사례와 외국에서 수집된 증거의 증거능력

다국어 초록 (Multilingual Abstract)

As travel to overseas became liberal and human exchanges between countries became active, there are increased cases that people commit crimes in another country and escape to Korea or commit crimes in Korea and escape to another country. Thus, we are living the era that cooperation with other countries for criminal proceedings is essential. Recently, two defendants who committed burglary with four other people in Tokyo, Japan in March 2007 escaped to Korea. They were arrested at the crime scene and imprisonment was sentenced to them. The accomplices who were imprisoned in Japan were summoned as convict witness. They were interrogated and court testimony of the
accomplices was selected as evidence and sentenced as guilty. This was the first international convict witness transfer case between Korea and Japan since international judicial assistance law and criminal justice assistance treaty were concluded. The biggest reason of transferring international convict witness for interrogation as a witness was that the defendants didn’t agree with the witness evidence of accused by the police in Japan regarding the accomplice submitted as evidence in the trail process. However, there are a lot of time and cost necessary when transferring the convict witness and it should pass complex procedures. Moreover, there’s a problem that the convict can’t be summoned when he or she doesn’t consent to transfer.
Regarding the above, this article looks into which method of collecting evidence from the victim or reference for get recognition as evidence with admissibility, and the attitudes of judicial precedents at the Supreme
Court for admissibility of evidence including affidavit for victim or reference (accomplice) in investigation organizations or courts in other countries. In addition, I will review various practical problems that have
occurred in the process of implementing international judicial assistance law and criminal justice assistance treaty.