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      • KCI등재

        被告人이 作成한 수첩·메모류의 補强證據能力

        김태계(Kim, Taekye) 한양법학회 2009 漢陽法學 Vol.25 No.-

        The corroborating evidence ability of a note book memo which a commerce account book note book does the accused to fill in. Supreme Court's stance each other is different from the common view of my country about the qualification of the corroborating evidence. In General stance Where when the note book which the accused fills in was produced. The ideal this which the note book statement content is used for the evidence corresponds to the confession. The confession can not become an evidence different from the confession of the accused to be become independent. The evidence to become independent can not become the corroborating evidence because it is not. The reason why the confession needs the corroborating evidence to be become independent at the confession though it can be said that we are proper if it clears. The riskiness of the misjudgement must be true and must not exist in the falsehood confession of the confession's of the accused. Although the evidence is confession, if it is the independence evidence, it has the qualification of the corroborating evidence It must see as the augmentation evidence if and the true and credit are guaranteed he sufficiently. If the note book or memo which the accused fills in corresponds to the ① commerce account book, the medical examination and treatment, Similar money account book with this however is the voyage. ② The creation before take the suspicion. ③ record to remember. ④ records the time, time and mechanical continuously. ⑤ corresponds to article 315 the Criminal Procedure code, The existence and statement of the memo becomes independence evidence and naturally the corroborating evidence about the confession.

      • KCI등재후보

        기초질서관련 법률개정을 통한 법적실효성 확보방안

        김태계(Kim TaeKye),박기석(토론자) 한양법학회 2008 漢陽法學 Vol.23 No.-

        The government of the practical(Lee myeongbak government) use thinks to progress as the industrialized country that the basis order must be recovered. Our society needs the order than anything else and the confirmed report of a legal efficiency for a basis order recovery. The government began the reform after they win in Presidential election. First, The National Police Agency is prearranging to revise the minor offense act. Old 12 Articles are abolished and two Articles are established newly so that suitable to the period. Second, the law on assembly and demonstration is prearranging to be revised. The article that prohibited a mask putting on an identity authentication interference purpose is established newly. And the possession of the iron pipe, guns, etc is prohibited The strike with so noisy meeting is limited. This is because it infringes others privilege. Third, The National Police Agency is planing that it revises the act on the performance of duty by police officers. The Act is decided to give to competence which confirms an identity authentication of the passer-by to the policeman. Anyone must be punished if we do not reply to an identification requirement of the policeman. The reason of such law revision is because of a legal effectiveness.

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