The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the second ground for appeal

A. In order for the protocol under Article 312 of the Criminal Procedure Act or the statement, documents, etc. under Article 313 of the same Act to be admitted as evidence pursuant to Article 314 of the same Act, a person who needs to make a statement at a preparatory hearing or on a trial date is unable to make a statement due to death, disease, unknown whereabouts of foreign residence, or any other similar cause, and two requirements must be satisfied that the statement or preparation was made in a particularly reliable state.

At this time, the term "foreign residence" in relation to the first requirement is insufficient only to the existence of a person who requires a statement in a foreign country. Even if possible and considerable means are met, there are exceptional cases where a person who requires a statement cannot be present at the court (see, e.g., Supreme Court Decision 2001Do5666, Mar. 26, 2002). The term "when the statement or preparation was made under particularly reliable circumstances" in relation to the second requirement refers to cases where there is little room for false entry in the preparation of the statement or the protocol or the document, and there is a specific and external circumstance to guarantee the credibility or voluntariness of the contents of the statement.

B. (See, e.g., Supreme Court Decision 2003Do171, Mar. 11, 2004).

The judgment below

According to its reasoning, with respect to the defendant's assertion that H's video CDs, G production confirmations, and written statements taken by H do not satisfy the requirements prescribed in Article 314 of the Criminal Procedure Act and are inadmissible, the above evidence, based on the circumstances stated in its reasoning, meets the requirements for "foreign residence" under Article 314 of the Criminal Procedure Act, and furthermore, they were made under particularly reliable circumstances in light of their afforestation and preparation processes.