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TITLE | [Violation of the National Security Act (Praise,Encouragement, etc.)¢®¢´Obstruction of Traffic,Violation of the Assembly and Demonstration Act]Supreme Court Decision 2008Do8213 Decided August 20, 2009 [full Text] |
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Summary | |
[1] Treatment of ""a statement recorded by investigating agency"" or ""a statement"" prepared during the interrogation process of suspect by investigation agency and whether a statement from a suspect prepared without notifying the suspect of the right to refuse to give a statement (right to remain silent) is admissible. [2] Where a prosecutor prepared an interrogation record of a suspect's statement in the form of a usual (non-suspect's) statement recorded by investigating agency, instead of a suspect interrogation statement, the interrogation record cannot be used as evidence for conviction unless the suspect was notified of his/her right to refuse to give a statement. |
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