1. Article 316(1) of the Criminal Procedure Act against Defendant A provides that “When a statement made by a person who is not the defendant (including a person who has investigated the defendant as a suspect before the institution of public prosecution or has been involved in such investigation) at a preparatory hearing or during a public trial contains the contents of the statement of the defendant, such statement may be admitted as evidence only when it is proved that it was made under particularly reliable circumstances.”

The lower court: (a) determined that the police officer L’s statement in the lower court by the police officer who investigated Defendant A was the person who committed a crime in the police; (b) that the said Defendant denied its content in the lower court’s trial; and (c) determined that it is inadmissible as long as the said Defendant denies its content in the lower court’s trial; and (d) found Defendant A guilty only of the part of the instant facts charged against Defendant A’s sole criminal conduct from March 17, 2012 to March 27, 2012

According to the records, among the witness L's testimony at the court below's court hearing, the part of the statement that the defendant A led to the whole confession that he committed an offense as described in the facts charged at the time of suspect interrogation is hard to see that the defendant A's statement was made in a particularly reliable state (see, e.g., Supreme Court Decision 2008Do6013, May 14, 2009) and it is not admissible as evidence (see, e.g., Supreme Court Decision 2008Do6013, May 14, 2009). However, although the reasoning of the court below is inappropriate, it is just in its conclusion that the witness L

2. The prosecutor appealed against Defendant B, but the written appeal and the written appeal by the witness L are admissible as evidence against Defendant A. However, the court below's written appeal by the witness L is unlawful.