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증인신문조서가 피의자였던 피고인이 당사자로 참여하여 자신의 범행사실을 시인하는 전제하에 위 증인에게 반대신문 한 내용이 기재되어 있을 뿐이라면 제311조에 의한 증거능력을 인정할 수 있다

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