이른바 ‘안종범 업무수첩’의 증거능력

So-called Ahn Jong-bum s Business notebook and Admissibility of Evidence

‘An Jong Beom s Business pocketbook’(hereafter ‘pocketbook’) contains instructions from former president Park Geun-hye and conversations with Lee Jae-yong. Ahn Jong-bum wrote what Park Geun-hye said to An Jong-bum. This ‘pocketbook’ is not hearsay evidence in connection with the criminal trial of defendant Park Geun-hye and Lee Jae-yong. This is because ‘pocketbook’ is not used to prove the truth of the statements of Park Geun-hye but is used to prove the existence of Park s statements. In this case the exclusive rule of hearsay don’t apply to ‘pocketbook’. Only the authentication of ‘pocketbook’ should be recognized. But the meaning of this concept is different from the meaning of ‘exactness of utterances’ or authenticity of the formation(성립의 진정) of Article 312, 313 of the Criminal Procedure Act. Even if you think of ‘pocketbook’ as hearsay evidence, admissibility of evidence is recognized in accordance with Articles 313 and 316 of the Criminal Procedure Act. This is because ‘pocketbook’ corresponds to document where the other person’s statement is recorded. If not, admissibility of evidence should be recognized as document in the regular course of business in Article 313 (2) of the Criminal Procedure Act.