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제3자가 피고인으로부터 건축허가 담당 공무원이 외국연수를 가므로 사례비를 주어야 한다는 말을 들었다는 취지로 한 진술은 피고인에 대한 알선수재죄에 있어 전문증거에 해당하므로 피고인의 부동의에도 불구하고 증거능력이 인정되기 위해서는 형사소송법 제311조 내지 제316조에서 정한 사유가 인정되어야 한다

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