The appeal is dismissed.

The grounds of appeal are examined.

Since a recording file in which a private person other than an investigative agency recorded a conversation with a person other than a defendant does not differ from documents in which a statement is written by a person other than the defendant, and as long as the defendant does not agree that the recording file can be admitted as evidence, in order to grant admissibility of evidence, first, if the recording file is the original or copied from the original, it shall be a copy of the original without any artificial modification, such as editing in the duplication process, and second, in accordance with Article 313(1) of the Criminal Procedure Act, it shall be recognized that the content of each person's statement recorded in the recording file is recorded as stated by the person who made the original statement at a preparatory hearing or during a public trial pursuant to Article 313

(See Supreme Court Decisions 2004Do6323 Decided February 18, 2005; 2010Do7497 Decided September 8, 201, etc.). The lower court, which was adopted as evidence of conviction against an injury in a restaurant on August 16, 2011, recorded the content of the conversation between the victim I and B by the victim I’s wife, and the admissibility of evidence is recognized inasmuch as evidence is the content of the conversation recorded in the recording file itself, it is a conversation with the defendant’s consent or by a statement made by the person making the original statement at a preparatory hearing or during a public trial according to the written statement under Article 313 of the Criminal Procedure Act.

However, according to the records, the court below did not confirm that the defendant consented to the use of the recording CD (recording file) of this case as evidence, but did not confirm that the copy of the recording CD (recording file) of this case, which is not the original, is a copy of the original without any artificial adaptation, such as editing in the duplication process, and made a statement at a preparatory hearing or during public trial between I and B, the original person.