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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Article 316 (1) of the Criminal Procedure Act includes a person who is not the defendant (including a person who was investigated by, or was involved in, the defendant as a person who was not the defendant before the institution of public prosecution).
When a statement made at a preparatory hearing or during a public trial period is the contents of a defendant's statement, it may be admitted as evidence, only when it is proved that such statement has been made under particularly reliable circumstances.
"........"
Here, “the statement was made under particularly reliable circumstances” refers to cases where there is little room for false intervention in the fact that the statement was made in a particularly reliable state, and where there are specific and external circumstances to guarantee the credibility or voluntariness of the contents of the statement (see Supreme Court Decision 2016Do1383, Nov. 10, 2016, etc.). In light of these legal principles, in the records, the defendant found the investigator F witness of the first instance court, who is the investigating police officer, to have discovered a black phone in the taxi on the day of the instant case, and carried it out at the taxi.
Inasmuch as there is no sufficient evidence to prove that the statement made to the effect that the instant facts charged were made under particularly reliable circumstances, the witness F’s statement in this part is inadmissible.
The reasoning of the lower court’s reasoning is somewhat inappropriate, but its conclusion that the witness F’s statement is inadmissible is acceptable. In so doing, it did not err by misapprehending the legal doctrine under Article 316(1) of the Criminal Procedure Act concerning the admissibility of the investigator’s testimony, contrary to what is alleged in the grounds of appeal, thereby affecting the conclusion of the judgment.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.