2. Determination

A. The lower court found the Defendant not guilty on the ground that the Defendant’s confession cannot be used as evidence of guilt, and the facts charged in the instant case constitute a case where there is no proof of crime, since there is no evidence to reinforce the confession of the Defendant on the records.

B. 1) The admissibility of confessions can only be justified if it is recognized that the confession of the defendant is true, not processed, even if the whole or essential part of the facts constituting the crime is not sufficient to acknowledge the whole or essential part of the crime (see Supreme Court Decision 98Do159, Mar. 13, 1998, etc.) and indirect evidence or circumstantial evidence, not direct evidence, can be proven (see, e.g., Supreme Court Decision 98Do159, Mar. 13, 1998).

“” is:

In doing so, an investigation report (an investigation into the direction of re-application for detention warrant) submitted by the prosecutor as reinforced evidence was arrested by a judicial police officer of the Republic of Korea for illegal stay in F and the police officer working together with F during the investigation. Among them, it was prepared to the purport that the Defendant was aware of the fact of medication through a urine examination, and that the Defendant led to the confession of the facts charged of the instant case. However, the background of arrest of the Defendant is the facts charged of the instant case.