The defendant shall be innocent.

1. On September 11, 2017, around 15:30 on September 15, 2017, the Defendant lent her long-term knowledge to the victim B (the age of 74) at the sperm of the personal park in Songpa-gu Seoul Sungcheon-ro 35-ro 22. However, the Defendant got out of the victim’s head one time by gathering a part of the stick, who is a dangerous object from the victim while making a long-term notice.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Determination

A. A. There is a statement in C’s investigative agency and D’s investigative agency and this court’s statement as evidence that conforms to or corresponds to the facts charged in the instant case.

B. First, we examine C’s statements at the investigation agency.

Article 314 of the Criminal Procedure Act recognizes admissibility of evidence only when it is proved that a person required to make a statement was made in a particularly reliable state in cases where the statement or preparation was made in an investigative agency due to death, disease, foreign residence, unknown whereabouts, or any other similar cause. “When the statement was made in a particularly reliable state” under Article 314(1) of the Criminal Procedure Act refers to cases where there is little room for false intervention in the fact that the person made the statement, and where there is a specific and external circumstance to guarantee the credibility or voluntariness of the statement (see Supreme Court Decision 2011Do10926, Apr. 12, 2012). In addition, in cases where the whereabouts of a witness is unknown, etc., recognition of admissibility of the statement or written statement made by the witness is possible only when the requirements, such as the right of the defendant or defense counsel, to cross-examine evidence, such as the statement of witness, etc., under Article 312 or 313 of the Criminal Procedure Act, are met.