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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal by the defendant is as follows: first, there is no fact that the defendant inflicted an injury on the victim as stated in the facts constituting an offense in the judgment below; second, the punishment of the court below against the defendant is too unreasonable.
2. According to Article 312(3) of the Criminal Procedure Act, first of all, the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts (excluding the interrogation protocol of the police officer against the defendant) can be admitted as evidence only when the defendant or defense counsel, who was the suspect or defense counsel, acknowledged the content of the interrogation protocol prepared by investigation agency other than the public prosecutor
In addition, if the defendant denies the facts charged continuously since the court of first instance, it is understood that even if the defendant entered in the evidence list as recognizing the contents of the protocol of interrogation prepared by the police, it is wrong to correct the protocol by recognizing the fact that the defendant stated as such or stated as such, and thus, the above protocol of interrogation does not have admissibility of evidence.
(2) The court below held that the defendant's interrogation protocol of the defendant as to the interrogation protocol of the defendant as to the interrogation protocol of the defendant, which contains a part of the facts charged on the second trial date of the court below, has been denied since the second trial date of the court below which was first presented. The records show that the defendant denies the facts charged of this case since the second trial date of the court below which was first presented. The evidence list of the trial record of the court below stated that the defendant recognized the whole contents of the whole of the facts charged to the defendant as to the interrogation protocol of the defendant as to the second trial date of the court below. Thus
Therefore, it is reasonable to adopt the police interrogation protocol as evidence for the accused who has no admissibility.