영상물에 수록된 19세 미만 성폭력범죄 피해자 진술에 관한 증거능력 특례와 피고인의 반대신문권 = Special cases on admissibility of evidence on the statement of victims of sexual violence crimes under the age of 19 included in the video and the defendant’s right to cross-examination

다국어 초록 (Multilingual Abstract)

Despite the revision of the Act on special cases concerning the Punishment of sexual crimes, there is a need to establish new measures to prevent secondary damage to victims of sexual violence under the age of 19 while guaranteeing the defendant’s right to cross-examination.
In order to prevent secondary damage to victims of sexual crimes under the age of 19, measures are being proposed to recognize the evidentiary value of video recordings by dividing minor victims by age, to expand the special provisions for the evidentiary value of video recordings, to introduce the Barnahus (Children’s Home) model, and to introduce special statement procedures for victims of sexual crimes under the age of 19.
However, as we have seen, the above measures also have problems.
Therefore, it seems realistically reasonable to recognize the evidentiary value of video recordings of statements made by victims of sexual crimes under the age of 19 in the initial statement stage in the presence of investigative agencies, statement assistants, assistants, suspects or defendants ( perpetrators), and their attorneys. If the suspects or defendants (perpetrators) and their attorneys deliver the questionnaires to the prosecutor, judge, expert investigator, or attorneys of victims of sexual crimes under the age of 19 during video recording, the right to cross-examination can be guaranteed without difficulty.