The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, in collusion with D, E, etc., did not assault or threaten the victimJ or forced the victimJ to prepare a certificate of loan by showing the power of the organization, the Defendant made a false confession by deceiving the investigator in charge of providing convenience in living under confinement in the prosecution investigation and allowing the person to be fined.

However, since the court below found the defendant guilty, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. Even if a confession in the prosecutor’s investigation acknowledged the authenticity of the suspect interrogation protocol prepared by the defendant or his/her defense counsel regarding the assertion that the confession is false confession, it may be impossible to reverse the first statement and use it as evidence to acknowledge guilt before the completion of the examination of evidence as evidence prescribed by the Criminal Procedure Act. However, once the examination of evidence is completed, the admissibility of the protocol as evidence is not extinguished as a matter of course, but as a matter of course, only the reversal of the doctor’s original statement that recognized the authenticity of its establishment is difficult. However, if the first statement that recognized the authenticity of its establishment has a serious defect that makes it difficult to maintain its validity as it is, and if such revocation argument is accepted as reasonable, the court may exclude the protocol from evidence to acknowledge guilt through the examination of evidence (see Supreme Court Decision 2007Do7760, Jul. 10, 2008; Supreme Court Decision 2010Do4760, Apr. 20, 2012).