2. Determination

A. The core evidence supporting the instant facts charged is the statement at the police of E and F, a witness, the victim.

However, the defendant did not agree to use the above evidence as evidence, and it was proved by the statement of the person making the original statement or the authenticity of the formation was not proven by the statement of the person making the original statement, so each of the above evidence is admissible in accordance with Article 314 of the Criminal Procedure Act.

Article 314 and Article 316(2) of the Criminal Procedure Act provides that “When a statement or preparation has been made under particularly reliable circumstances” refers to cases where there is little room for false entry into the contents of the statement or the preparation of the protocol or documents concerned, and there is a specific and external circumstance to guarantee the credibility or voluntariness of the contents of the statement (see, e.g., Supreme Court Decision 2005Do9561, Apr. 14, 2006). Furthermore, in cases where the whereabouts of a witness is unknown, etc. under Article 314 of the Criminal Procedure Act recognizes admissibility of the statement or the written statement made by the witness, etc., the admissibility of evidence should be acknowledged only when the strict conditions such as the right of cross-examination of the defendant or his defense counsel regarding the written evidence, such as the statement of witness, etc., under Article 312 or 313 of the Criminal Procedure Act, so that the admissibility of evidence may be acknowledged only when the defendant or his defense counsel is satisfied, thereby allowing the admissibility of evidence without any opportunity for the original person.