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검사가 탄핵증거로 신청한 체포.구속인접견부 사본은 피고인의 부인진술을 탄핵한다는 것으로 결국 검사에게 입증책임이 있는 공소사실 자체를 입증하기 위한 것에 불과하므로 형사소송법 제318조의2 제1항 소정의 피고인의 진술의 증명력을 다투기 위한 탄핵증거로 볼 수 있다

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