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수사기관에서 진술한 참고인이 법정에서 증언을 거부하면 피고인이 반대신문을 하지 못한 경우, 등의 특별한 사정이 있더라도 형사소송법 제314조의 그 밖에 이에 준하는 사유로 인하여 진술할 수 없는 때에 해당하지 않는다

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